1963 


IRLF 


KENTUCKY 


Election  Laws 


Primary  Law 


AND 


Corrupt  Practice  Act 

COMPILED  BY 

JAMES  P.  LEWIS 

Secretary  of  State 

WITH  THE  AID  AND  ADVICE  OF  THE 

ATTORNEY  GENERAL 


January  1,  1919 


KENTUCKY 


Election  Laws 


Primary  Law 


AND 


Corrupt  Practice  Act 

COMPILED  BY 

JAMES  P.  LEWIS 

Secretary  of  State 

WITH  THE  AID  AND  ADVICE  OF  THE 

ATTORNEY  GENERAL 


January  1,  1919 


TKlUb 


Wl 


THE  STATE  JOURNAL  COMPANY 

Printer  to   the  Commonwealth 

Frankfort,   Kentucky. 


DEPARTMENT  OF  SECRETARY  OF  STATE. 

James  P.  Lewis,  "Whitesburg,  Ky Secretary  of  State 

E.  Matt  Karr,  Lexington,  Ky Ass't  Secretary  of  State 

CORPORATION  DEPARTMENT. 

J.  L.  McCoy,  Owingsville,  Ky Corporation  Clerk 

Mrs.  Hallie  C.  Harper,  Frankfort,  Ky....Ass't  Corporation  Clerk 

A.  J.  Sturgill,  Whitesburg,  Ky General  Clerk 

John  Emerson  Lewis,  Georgetown,  Ky Copyist 

Marie  F.  Lockett,  Henderson,  Ky Private  Secretary 


M144080 


KENTUCKY  STATUTES 

GOVERNING 

ELECTIONS 


(Act  of  June  30,  1892.) 
ARTICLE  I. 

General  Provisions. 

§  1437.  Meaning  of  the  word  election.  Whenever  in  this 
chapter  the  word  ''election,"  or  an  equivalent  expression,  is 
used  in  reference  to  a  State,  district,  county  or  municipal  elec- 
tion, it  shall  be  deemed  to  include  the  decision  of  questions 
submitted  to  the  qualified  voters  as  well  as  the  choice  of  offi- 
cers by  them. 

§  1438.  Powers  of  sheriff,  deputies  and  acting  officers. 
Whenever  a  duty  is  imposed  upon  or  a  power  confided  to  a 
sheriff  in  reference  to  an  election,  the  same  shall  apply  to  any 
other  officer  or  person  acting  as  such  concerning  an  election, 
and  to  the  deputies  of  the  sheriff,  such  other  officer  or  person, 
in  the  same  manner  as  if  the  duty  were  imposed  upon  or  the 
power  confided  expressly  to  such  other  officer,  person  or  depu- 
ties, except  that,  in  canvassing  the  returns  or  giving  the  cast- 
ing vote  in  the  election  of  a  county  judge  to  fill  a  vacancy,  no 
deputy  shall  act  without  the  express  written  authority  of  the 
principal. 

§  1439.  Qualification  of  voters.  Every  male  citizen  of  the 
United  States  of  the  age  of  twenty-one  years,  who  has  resided 
in  the  State  one  year,  and  in  the  county  six  months,  and  in  the 
precinct  in  which  he  offers  to  vote  sixty  days  next  preceding 
the  election,  is  a  voter  in  said  precinct  and  not  elsewhere;  but 


6  KENTUCKY  ELECTION  LAWS. 

the  following  persons  are  excepted  and  shall  not  have  the  right 
to  vote.    (See  Con.,  sec.  145.) 

1.  Persons  convicted  in  any  court  of  competent  jurisdiction 
of  treason  or  felony  or  bribery  in  an  election,  or  of  such  high 
misdemeanor  as  the  General  Assembly  may  declare,  shall  operate 
as  an  exclusion  from  the  right  of  suffrage;  but  persons  hereby 
2xcluded  may  be  restored  to  their  civil  rights  by  executive 
par,don.     (Con.,  sec.  150.) 

2.  Persons  who,  at  the  time  of  the  election,  are  in  confine- 
ment under  the  judgment  of  a  court  for  some  penal  offense. 

3.  Idiots  and  insane  persons.     (See  U.  S.  naturalization 
law,  page  32.) 

§  1440.  Soldiers,  seamen  and  marines — not  deemed  resi- 
dents. No  person  in  the  military,  naval  or  marine  service  of  the 
United  States  shall  be  deemed  a  resident  of  this  State  by  reason 
of  being  stationed  within  the  same;  nor  shall  any  such  soldier, 
seaman  or  marine  have  the  right  to  vote.  (Con.,  sec.  146.) 

§  1441.  Municipal  elections — payment  of  poll-tax.  At  all 
municipal  elections,  where  the  charter  of  a  municipality  re- 
quires the  payment  of  a  poll-tax  as  a  prerequisite  to  vote,  the 
payment  of  said  tax  shall  be  a  condition  precedent  to  said 
right. 

§  1442.  Definition  of  "officers  of  election."  "Officers  of 
election,"  as  used  in  this  chapter,  means  a  judge,  clerk  or 
sheriff,  or  person  acting  as  sheriff  at  an  election,  also  a  mem- 
ber of  the  board  for  canvassing  the  returns. 

AKTICLE  II. 

Precincts. 

§  1443.  Election  precincts — number  of  voters  in — redivis- 
lon — change  of  voting  place.  The  county  court  of  each  county 
in  this  State  shall,  on  or  before  the  August  term  of  said  courts, 
divide  the  justices'  districts. of  each  of  said  counties  into  elec- 
tion precincts,  and  establish  the  name  or  number  and  boun- 
daries of  same,  and  place  of  voting  in  each  precinct.  There 
shall  be  but  one  voting  place  in  a  precinct.  Each  precinct 
shall  contain,  as  nearly  as  practicable,  three  hundred  voters, 
based  on  the  number  of  votes  cast  at  the  last  election  for  Pres- 


KENTUCKY  ELECTION  LAWS.  7 

idential  electors;  but  no  precinct  shall  contain  more  than  three 
hundred  and  fifty  voters.  If  at  any  election  hereafter  mor<3 
than  three  hundred  and  fifty  votes  shall  be  cast  at  any  voting 
place,  it  shall  be  the  duty  of  the  sheriff  of  the  election  in  such 
precinct  to  report  the  same  to  the  county  court,  which  shall, 
at  its  next  regular  term,  divide  such  precinct  as  equally  as  pos- 
sible, so  that  the  new  precincts  formed  thereof  shall  each  contain 
three  hundred  voters,  as  nearly  as  practicable.  If  for  any 
good  cause,  an  election  can  not  be  held  at  the  house  appointed 
as  the  place  of  voting,  the  judges  of  the  election  may,  on  the 
morning  of  the  election,  adjourn  it  to  the  most  convenient  place, 
after  having  publicly  proclaimed  the  change  and  posted  notice 
of  the  same  on  said  house. 

§  1444.  Power  of  county  court  to  change  'boundaries  or  di- 
vide precincts.  The  county  court  of  any  county  may  change 
the  boundaries  of  any  precinct  within  such  county  or  divide 
any  precinct  into  two  or  more  precincts,  or  consolidate  two  or 
more  precincts  into  one,  or  change  any  place  of  holding  elec- 
tions whenever  public  convenience  or  the  public  good  may  re- 
quire it:  Provided,  That  no  such  change,  division  or  consolida- 
tion shall  be  made  after  the  June  term  of  each  court  next  pre- 
ceding an  election :  And  provided,  further,  That  no  such  change, 
division  or  consolidation  shall  be  valid  without  giving  due  notice, 
at  least  one  month  before  any  election,  by  one  publication  in  the 
newspaper  published  in  said  county  having  the  largest  circula- 
tion therein  or  by  posters  put  up  in  four  of  the  most  public 
places  in  said  precinct :  And  provided,  further,  That  no  precinct 
shall  be  enlarged  so  as  to  contain  more  than  three  hundred  and 
fifty  voters. 

§  1445.  Towns  or  cities  with  corporate  limits  in  several 
counties — ballots — mode  of  conducting  and  certifying  election. 
In  any  town  or  city  of  the  fifth  or  sixth  class,  where  corporate 
limits  include  parts  of  two  or  more  counties,  the  clerk  of  the 
county  court  of  each  of  such  counties,  in  addition  to  the  bal- 
lots prepared  for  the  State,  county,  district  or  precinct  elec- 
tions, shall  prepare  a  ballot  book  of  similar  form  and  requi- 
sites for  the  use  of  voters  who  reside  in  that  part  of  such  town 
or  city  that  lies  in  his  county,  at  every  election  at  which  muni- 
cipal officers  for  such  town  or  city  are  required  to  be  chosen, 


S  KENTUCKY  ELECTION  LAWS. 

or  at  which  any  question  is  to  "be  submitted  to  the  voters  of 
such  town  or  city.  Only  the  names  of  such  persons  as  are  can- 
didates for  municipal  officers  in  such  town  or  city,  or  questions 
submitted  to  the  voters  of  such  town  or  city,  shall  be  placed  or 
printed  on  said  ballots,  and  then  only  in  conformity  with,  and 
in  pursuance  of,  the  regulations  of  this  chapter,  or  other  laws 
relating  to  the  preparation  of  ballots  and  applicable  to  the  elec- 
tion at  which  they  are  to  be  used.  The  officers  of  the  election  of 
the  county  precinct  embracing  a  part  of  the  territory  within  the 
corporate  limits  of  such  town  or  city,  in  addition  to  the  bal- 
lots for  State,  county,  district  or  precinct,  shall  furnish  to  each 
voter  residing  in  such  town  or  city,  and  entitled  to  vote  at  the 
precinct  for  municipal  officers,  or  upon  a  municipal  question 
submitted  to  the  voters  of  such  town  or  city,  a  ballot  prepared 
as  herein  provided  for  such  municipal  election,  which  ballot 
the  voter  will  mark  and  fold  in  the  same  manner  and  at  the 
same  time,  and  deliver  to  the  proper  officer  of  the  election  in 
the  same  manner  and  at  the  same  time  as  is  required  in  re- 
spect to  the  State,  county,  district  or  precinct  ballots,  and  the 
same  shall  be  deposited  by  the  officer  in  the  ballot  box  with  the 
other  ballots.  The  officers  of  the  election  shall  count  and  dis- 
pose of  such  municipal  ballots  at  the  same  time,  and  shall  cer- 
tify and  return  the  result  thereof  in  the  same  manner  as  of  the 
other  ballots.  It  shall  be  the  duty  of  the  canvassing  board  of 
elections  of  the  respective  counties  embracing  parts  of  such 
town  or  city,  to  make  duplicate  written  certificates  over  their 
signatures  of  the  number  of  votes  given  in  the  county  for 
municipal  officers,  or  upon  questions  submitted  to  the  voters 
of  such  town  or  city,  one  copy  to  be  retained  in  the  clerk's 
office  of  such  county,  and  the  other  to  be  sent  immediately  by 
mail  by  said  canvassing  board  to  the  canvassing  board  of  the 
county,  embracing  a  part  of  such  town  or  city  having  the 
largest  population,  which  last  named  board  shall,  between  the 
hours  of  ten  and  twelve  o'clock  in  the  morning  of  the  first 
Tuesday  after  the  election',  meet  in  the  clerk's  office  of  their 
county,  compare  the  certificates  of  the  canvassing  boards  of  the 
several  counties,  and  therefrom  give  triplicate  certificates  of 
election,  in  writing,  over  their  signatures,  of  the  persons  who 
appear  to  have  received  the  highest  number  of  votes  for  offi- 


KENTUCKY  ELECTION  LAWS.  9 

cers  of  such  town  or  city,  one  copy  of  the  certificate  to  be  re- 
tained in  the  clerk's  office,  another  delivered  to  the  clerk  of  the 
board  of  council  of  such  town  or  city,  and  the  other  forwarded 
to  the  Secretary  of  State.  The  certificate  of  the  votes  on  any 
question  submitted  to  the  voters  of  such  town  or  city  shall  be 
delivered  as  provided  by  the  law  or  ordinance  under  which  the 
vote  was  taken.  Such  town  or  city  shall  pay  the  expenses  of 
preparing  the  ballots  for  such  municipal  election.  (Section  as 
amended  by  act  of  March  15,  1894.  See,  further,  sec.  1596a, 
sub-sec.  5.) 

ARTICLE  III. 

Elections,  How  Conducted. 

§  1446.  Secret  ballot,  except  in  school  elections.  In  all 
elections  hereafter  held  in  this  State  on  any  subject  which  may 
by  law  be  submited  to  a  vote  of  the  people,  and  for  all  or  any 
State,  district,  county  or  municipal  officers,  except  school  trus- 
tees and  other  common  school  district  elections,  the  voting 
shall  be  by  secret  official  ballots,  printed  and  distributed  as 
hereinafter  provided,  and  no  other  ballots  shall  be  used.  (Elec- 
tion of  School  Trustees,  sec.  4434;  Con.,  sec.  147.) 

§  1451.  Vacancy  in  office  of  sheriff  or  disability — who  to 
act.  If  the  office  of  sheriff  is  vacant,  or  if  the  sheriff,  or  his 
deputy,  is  a  candidate  at  any  election,  all  his  duties  pertain- 
ing to  that  election  shall  be  performed  by  the  coroner  and  such 
deputies  as  he  may  appoint  for  that  purpose.  If  the  coroner 
is  absent,  or  his  office  vacant,  or  he  is  a  candidate,  then  such 
duties  of  the  sheriff  shall  be  performed  by  some  person  ap- 
pointed for  that  purpose  by  the  presiding  judge  of  the  county 
court,  and  the  deputies  of  such  person. 

§  1452.  Ballots,  printing  and  delivery — how  paid  for. 
The  printing  and  delivery  of  the  ballots  and  cards  of  instruc- 
tion to  voters  hereinafter  described  shall,  in  municipal  elec- 
tions, be  paid  for  by  the  several  cities  respectively;  and  in  all 
other  elections  the  printing  of  the  ballots  and  cards  of  instruc- 
tions for  the  voters  in  each  county,  and  the  delivery  of  them 
to  the  several  voting  precincts,  shall  be  paid  for  by  the  several 
counties  respectively. 


10  KENTUCKY  ELECTION  LAWS. 

§  1453.  Ballots — how  names  of  candidates  placed  on — de- 
vice indicating  party — powers  and  duties  of  county  clerk. 
The  county  clerk  of  each,  county  shall  cause  to  be  printed  on 
the  respective  ballots  the  name  of  the  candidates  nominated 
by  the  convention  or  primary  election  of  any  party  that  cast  two 
per  cent  of  the  total  vote  of  the  State  at  the  last  preceding 
general  election,  as  certified  to  the  said  clerk  by  the  presiding 
officer  and  secretary  of  said  convention,  or  in  the  case  of  a  pri- 
mary election  by  the  secretary  and  chairman  of  any  district 
committee;  and  also  the  names  of  any  candidates  for  any  office, 
when  petitioned  so  to  do  by  electors  qualified  to  vote  for  such 
candidates,  as  follows:  For  a  State  officer,  or  any  officer  for 
whom  all  the  electors  of  the  State  are  entitled  to  vote,  one 
thousand  petitioners;  for  a  Representative  in  Congress  from 
any  congressional  district,  or  any  other  district  except  as  here- 
in provided,  four  hundred  petitioners;  for  a  county  officer  or 
member  of  the  General  Assembly,  one  hundred  petitioners;1 
for  an  officer  of  a  precinct,  or  any  other  ward,  or  other  division 
less  than  a  county,  twenty  petitioners.  The  signatures  of  such 
petition  need  not  be  appended  to  one  paper,  but  no  petitioner 
shall  be  counted  except  his  residence  and  postoffice  address  be 
designated.  Such  petition  shall  state  the  name  and  residence 
of  each  of  such  candidates;  that  he  is  legally  qualified  to  hold 
such  office;  that  the  subscribers  desire,  and  are  legally  quali- 
fied, to  vote  for  such  candidate;  and  shall  designate  a  brief 
name  or  title  of  the  party  or  principle  which  said  candidates 
represent,  together  with  any  simple  figure  or  device  by  which 
they  shall  be  designated  on  the  ballot.  The  certificate  of 
nomination  by  a  convention  or  primary  election  shall  be  in 
writing,  and  shall  contain  the  name  of  each  person  nominated, 
his  residence  and  the  office  to  which  he  is  nominated,  and  shall 
designate  a  title  for  the  party  or  principle  which  such  conven- 
tion or  primary  election  represents,  together  with  any  simple 
figure  or  device  by  which  its  list  of  candidates  may  be  desig- 
nated on  the  ballots;  said  certificate  shall  be  signed  by  the  pre- 
siding officer  and  secretary  of  such  convention,  or  by  the  chair- 
man and  secretary  of  the  county,  city  or  district  committee,  who 
shall  add  to  their  signatures  their  respective  place  of  residence, 
and  acknowledge  the  same  before  an  officer  duly  authorized  to 


KENTUCKY  ELECTION  LAWS.  11 

administer  oaths.  If  the  certificate  of  nomination  of  any  State 
convention  shall  request  that  the  figure  or  device  selected  by 
such  convention  be  used  to  designate  the  candidates  of  such  party 
on  the  ballots  for  all  elections  throughout  the  State  such  figure 
or  device  shall  be  used  until  changed  by  request  of  a  subsequent 
State  convention  of  the  same  party.  Such  device  may  be  any  ap- 
propriate symbol;  but  the  coat  of  arms  or  seal  of  the  State,  or 
of  the  United  States,  the  national  flag,  or  any  other  emblem  com- 
mon to  the  people  at  large,  shall  not  be  used  as  such  device.  A 
certificate  of  such  acknowledgment  shall  be  appended  to  such 
instrument.  In  case  of  death,  resignation  or  removal  of  any  can- 
didate subsequent  to  nomination,  unless  a  supplemental  certifi- 
cate or  petition  of  nomination  be  filed,  the  chairman  of  the 
State,  county  or  city  district  committee  shall  fill  such  vacancy. 
Certificates  and  petitions  of  nomination  of  candidates  for  all 
offices  to  be  filled  by  the  electors  of  a  county,  or  a  division  or 
district  of  the  county,  shall  be  filed  with  the  county  court  clerk : 
Provided,  however,  That  if  any  political  party  entitled  to  nom- 
inate by  convention  shall  in  any  case  fail  to  do  so,  the  names  of 
all  nominees  by  petition  for  any  office  who  shall  be  designated  in 
their  petition  as  members  of,  and  candidates  of,  such  party,  shall 
be  printed  under  the  device  and  title  on  the  ballots  as  if  nomi- 
nated by  a  convention.  Certificates  and  petitions  of  nomination 
of  candidates  for  offices  to  be  voted  for  by  the  electors  of  the 
State,  other  than  members  of  the  General  Assembly,  or  of  any 
division  or  district  of  the  State  exclusively,  shall  be  filed  with 
the  Secretary  of  State.  In  the  event  two  or  more  persons  who 
have  filed  certificates  of  nomination  with  the  said  Secretary  of 
State  or  county  clerk  shall  claim  to  be  the  nominee  of  the  same 
political  party  the  governing  authority  of  said  political  party 
shall  designate,  in-writing,  to  said  Secretary  of  State  and  county 
clerk  which  of  said  candidates  shall  be  entitled  to  the  party  em- 
blem ;  provided,  however,  If  there  be  two  or  more  contending  ex- 
ecutive committees  of  the  same  party  in,  the  county  or  district, 
then  that  county  or  district,  executive  committee  which  is  recog- 
nized by  the  State  governing  authority  of  such  party,  by  the 
written  certificate  of  the  chairman  thereof,  shall  be  recognized 
by  the  county  clerk  and  Secretary  of  State.  (This  section  is 


12  KENTUCKY  ELECTION  LAWS. 

sec.  1  of  an  act  of  October  16,  1900,  and,  as  it  covers  every  part 
of  the  original  section,  it  is  inserted  as  a  substitute  for  it.) 

§  1454.  Certificate  and  petition  of  nomination — candidate's 
name  placed  on  ballot.  If  any  certificate  or  petition  of  nomi- 
nation shall  contain  the  name  of  more  than  one  candidate  Tor 
any  office  to  be  filled,  neither  name  shall  be  printed  as  a  can- 
didate for  such  office.  If  any  person  shall  join  in  nominating, 
by  petition,  more  than  one  nominee  for  any  office  to  be  filled, 
such  person  shall  not  be  counted  as  a  petitioner  for  either 
nomination.  If  any  person  has  been  nominated  as  a  candi- 
date for  any  office  by  convention,  and  also  as  a  candidate  for 
the  same  office  by  petition,  his  name  shall  be  placed  on  the 
ballot  but  once,  to-wit:  In  the  list  of  candidates  nominated  by 
such  convention;  and  the  place  occupied  by  his  name  in  such 
petition  shall  be  left  blank:  Provided,  That  if  such  candidate 
shall,  in  writing,  prior  to  the  last  day  for  filing  nominations, 
request  that  his  name  be  printed  as  nominated  by  petition,  it 
shall  be  so  printed,  and  shall  be  omitted  from  the  list  nominated 
by  the  convention. 

§  1455.  Certificates  and  petitions  preserved.  The  Secretary 
of  State  and  county  clerks  shall  cause  to  be  preserved  in  their 
respective  offices  all  certificates  and  petitions  of  nomination  filed 
therein  under  the  provisions  of  this  act  for  six  months  after  the 
election  for  which  such  nominations  were  made. 

§  1456.  Certificates  and  petitions  to  be  filed  before  election. 
Certificates  and  petitions  of  nomination  filed  with  the  Secre- 
tary of  State  shall  be  filed  not  more  than  seventy-five  days,  and 
not  less  than  forty-five  days,  before  the  day  fixed  by  law  for  the 
election  of  the  persons  in  nomination.  Certificates  and  petitions 
of  nomination  herein  directed  to  be  filed  with  the  clerk  of  a 
county  shall  be  filed  not  more  than  seventy-five  and  not  less  than 
forty-five  days  before  election.  (Act  1892,  as  amended  1918.) 

§  1457.  Secretary  of  State  to  certify  to  county  clerks  names 
of  candidates — vacancy  in  General  Assembly.  Not  less  than 
forty  days  before  the  election  of  such  officers  as  are  required 
to  file  their  certificate  of  nomination  with  the  Secretary  of  State 
said  Secretary  of  State  shall  certify  to  the  respective  county 
court  clerks  of  the  various  counties  which  are  entitled  under 
the  law  to  participate  in  the  election  of  the  respective  candi- 


KENTUCKY  ELECTION  LAWS.  13 

dates,  the  name  and  place  of  residence  of  each  candidate  for 
each  respective  office,  as  specified  in  the  certificates  and  peti- 
tions of  nomination  filed  with  him,  and  shall  designate  therein, 
subject  to  the  provisions  of  this  act,  the  device  under  which  the 
group  or  list  of  candidates,  or  candidate,  of  each  party  shall  be 
printed,  in  the  order  in  which  they  shall  be  arranged  on  the  bal- 
lot :  Provided,  however,  Should  a  vacancy  occur  in  the  General 
Assembly  and  a  writ  of  election  issued  to  fill  said  vacancy,  the 
petition  or  certificate  of  nomination  may  be  filed  ten  days  before 
the  day  of  election,  and  if  filed  with  the  Secretary  of  State  shall 
be  immediately  certified  to  the  proper  county  court  clerk.  No 
writ  for  the  election  of  a  member  of  the  General  Assembly  shall 
be  issued,  except  so  as  to  enable  the  sheriff  to  give  notice  thereof, 
as  now  provided  by  law  at  least  fifteen  days  before  the  day  of 
election.  (This  section  is  sec.  2  of  an  act  of  October  16,  1900,  as 
amended  1918.) 

§  1457 A.  Penalty  against  county  clerk  for  failing  to  print 
ballots  correctly.  If  the  county  court  clerk  shall  willfully  and 
knowingly  refuse  or  fail  to  have  the  name  of  any  candidate 
printed  upon  the  official  ballot  in  the  manner  provided  for  in 
this  act  he  shall  forfeit  his  office  and  be  guilty  of  a  felony,  and, 
upon  conviction,  be  confined  in  the  penitentiary  for  not  less 
than  one  year  nor  more  than  three  years.  (This  section  is  sec. 
3  of  an  act  of  October  16, 1900.) 

§  1458.  Names  certified — when  not  to  be  printed  on  ballots. 
The  Secretary  of  State  shall  not  certify  the  name  of  a  candi- 
date whose  certificate  of  nomination  shall  have  been  filed  in  his 
office  who  shall  have  notified  him  in  writing,  signed  and  exe- 
cuted with  the  formalities  prescribed  for  the  execution  of  an 
instrument  to  entitle  it  to  record,  that  he  will  not  accept  the 
nomination  contained  in  the  certificate  or  petition  of  nomina- 
ion.  The  county  clerk  shall  not  cause  to  be  published  on  the 
regular  ballots,  according  to  section  1460  hereof,  the  name  of  any 
candidate  whose  certificate  or  petition  of  nomination  shall  have 
been  filed  in  his  office  who  shall  have  notified  him  in  like  manner 
that  he  will  not  accept  the  nomination.  The  names  of  such 
candidates  shall  not  be  included  in  the  names  of  the  candidates 
to  be  printed  in  the  ballots  as  hereinafter  provided. 

§  1459.    Public  measure — constitutional  amendment — how 


14  KENTUCKY  ELECTION  LAWS. 

voted  for.  Whenever  a  constitutional  amendment  or  other 
public  measure  is  proposed  to  be  voted  upon  by  the  peo- 
ple, the  substance  of  such  amendment  or  other  public  meas- 
ure shall  be  clearly  indicated  upon  the  ballot,  and  two  spaces 
shall  be  left  upon  the  right  of  the  same,  one  for  votes  favoring 
the  amendment,  or  public  measure,  to  be  designated  by  the 
word  "Yes,"  and  one  for  votes  opposing  the  amendment  or 
measure,  to  be  designated  by  the  word  "No."  The  elector 
shall  designate  his  vote  by  a  cross-mark  thus  (X),  placed  op- 
posite the  word  "Yes,"  or  the  word  "No."  [Whenever  an 
amendment  to  the  Constitution  has  been  adopted  by  the  Gen- 
eral Assembly,  the  Secretary  of  State  shall  cause  such  proposed 
amendment  to  be  published  at  least  four  times  in  two  papers  of 
general  circulation,  published  in  the  State,  and  shall  also  cause  to 
be  published  at  the  same  time  and  in  the  same  manner  the  fact 
that  said  constitutional  amendment  will  be  submitted  to  the 
voters  for  their  acceptance  or  their  rejection  at  the  next  gen- . 
eral  election  at  which  members  of  the  General  Assembly  are  to 
be  voted  for.  Such  publications  shall  be  made  so  that  the  last 
publications  shall  be  at  least  ninety  days  preceding  the  elec- 
tion at  which  said  amendment  is  to  be  voted  on,  as  provided  in 
sections  256  and  257  of  the  Constitution.  It  shall  be  the  duty 
of  the  Secretary  of  State  to  certify  not  less  than  forty  days 
before  the  next  general  election  at  which  members  of  the  General 
Assembly  are  to  be  chosen,  to  the  county  clerk  of  each  county, 
the  substance  of  any  constitutional  amendment  which  is  to  be 
voted  on,  and  it  shall  be  the  duty  of  each  county  clerk  to  have 
the  substance  of  such  amendment,  as  certified  by  the  Secretary 
of  State,  indicated  on  the  ballot,  as  provided  in  this  section.  The 
votes  cast  for  and  against  such  constitutional  amendments  shall 
be  counted  and  canvassed  and  certified  to  the  State  Canvassing 
Board  in  the  same  manner  as  the  votes  cast  for  any  officer  elect- 
ive by  the  votes  of  the  whole  State.  If  it  shall  be  found  that  a 
majority  of  the  votes  cast  for  and  against  said  amendment  are 
in  favor  thereof,  then  said  amendment  shall  become  a  part  of 
the  Constitution.  The  result  of  such  vote  shall  be  published  by 
the  Secretary  of  State  in  two  daily  newspapers,  of  general  cir- 
culation, published  in  this  Commonwealth.  The  expenses  of  the 
publication  herein  provided  for  shall  be  paid  as  are  the  expenses 


KENTUCKY  ELECTION  LAWS.  15 

of  other  publications  which  the  Secretary  of  State  is  required  to 
make  in  connection  with  elections.]     (As  amended  1918.) 

§  1460.  Ballots — form  of — duty  of  county  clerks — effect  of 
X  mark  under  device  and  opposite  name  of  candidate.  The 
county  clerks  of  the  several  counties  shall  cause  the  names  of 
all  candidates  of  their  respective  jurisdictions,  where  nomina- 
tions for  any  office  specified  in  the  ballot  have  been  duly  made 
and  not  withdrawn,  in  accordance  herewith,  to  be  printed  on 
one  ballot  all  nominations  of  any  party  or  group  of  petitioners, 
as  designated  by  them  in  their  certificate  or  petition ;  or  if  none 
be  designated,  under  some  suitable  title  and  device.  If  the  same 
device  for  designating  candidates  be  selected  by  two*  parties 
or  group  of  petitioners  it  shall  be  given  to  the  one  which 
first  selected  it,  and  the  clerk  shall  select  a  suitable  device  for 
the  other.  The  arrangement  of  the  ballot  shall  in  general 
conform,  as  nearly  as  practicable,  to  the  plan  hereinafter  given, 
and  the  devices  named  and  lists  of  the  candidates  of  the  various 
parties  shall  be  printed  in  parallel  columns,  in  such  order  as 
the  Secretary  of  State  may  direct,  precedence,  however,  being 
given  to  the  party  which  polled  the  higher  number  of  votes  for 
the  head  of  the  ticket  in  the  last  preceding  election.  The  de- 
vice of  each  party  shall  be  placed  at  the  head  of  the  list  of 
candidates  of  the  party.  The  device  shall  not  be  enclosed  in  a 
square,  but  immediately  under  the  device  shall  be  placed  a  circle 
of  one  inch  in  diameter.  Immediately  under  it  shall  be  placed 
the  name  or  title  of  the  party  ticket,,  and  immediately  under 
the  name  or  title  the  list  of  candidates  of  the  party,  the  name  of 
each  candidate  having  immediately  on  its  right  a  small  square 
krge  enough  to  contain  the  crossmark  by  which  the  voter  is 
required  to  designate  his  vote.  Underneath  the  name  of  each  can- 
didate shall  be  left  a  blank  space  large  enough  to  contain  a  writ- 
ten name,  and  the  general  arrangement  shall  conform  as  nearly 
as  possible  to  the  following : 


16 


KENTUCKY  ELECTION  LAWS. 


Name  of  voter 
Residence  ... 


.Consecutive  number 


DEMOCRATIC  PARTY 

For  Governor — 
WM.  GOBEL.. 


For  Lieut-Governor — 
J.  C.  W.  BECKHAM.. 


I I  W.  S. 

D 


REPUBLICAN  PARTY 

For  Governor — 

TAYLOR . . 


.n 
a 


For  Lieut-Governor — 
JOHN  MARSHALL . 


D 

a 
a 


PEOPLE'S  PARTY 

For  Governor — 
JOHNG.  BLAIR... 

For  Lieut-Governor— 


n 
a 


(And  continuing  in  like  manner  as  to  all  candidates  to  be 
voted  for  at  such  elections.) 

Name  of  voter. C onsecutive  number 

The  secondary  stub  shall  be  on  the  end  of  the  ballot  oppo- 
site to  that  of  the  several  party  devices. 

On  the  back  shall  be  printed  '  *  official  ballot, ' '  the  date  of  the 
election  and  fac  simile  of  the  signature  of  the  clerk  who  lias 


KENTUCKY  ELECTION  LAWS.  17 

caused  the  ballot  to  be  printed.  Should  any  elector  desire  to 
vote  for  each  and  every  candidate  of  one  party  he  shall  make 
a  cross  mark  (X)  in  the  circle  under  the  device  of  said  party, 
and  the  vote  shall  be  counted  for  all  the  candidates  under  said 
device:  Provided,  however,  If  a  crossmark  (X)  be  made  in  a 
circle  under  a  party  device  and  a  crossmark  (X)  be  also  made 
after  one  or  more  candidates  of  a  different  party,  or  parties,  the 
vote  shall  be  counted  for  the  candidates  so  marked,  and  not 
for  the  candidates  for  the  same  offices  of  the  party  so  marked, 
Lut  the  vote  shall  be  counted  for  the  other  candidates  of  said 
party.  (This  section  is  sec.  4  of  an  act  of  October  16,  1900,  and, 
as  it  covers  fully  the  original  section,  it  is  inserted  in  its  place.} 
(See,  further,  sec.  1471.) 

§  1461.  Ballots  to  be  printed  and  bound  in  books — stubs — 
duties  of  clerk.  They  shall  be  printed  on  the  same  leaf  with  a 
double  stub,  and  separated  therefrom  by  a  perforated  line,  and 
shall  be  bound,  with  stubs  attached  thereto,  into  books,  one  for 
each  voting  precinct,  which  book  shall  contain  at  least  fifty  per 
cent  more  ballots  than  the  votes  cast  at  such  precinct  at  the 
preceding  election;  except  in  precincts  where  registration  is 
required,  the  books  shall  contain  as  many  ballots  as  there  are 
registered  voters  therein,  with  a  reasonable  number  added  to 
supply  ballots  that  may  be  spoiled.  Upon  the  covers  of  such 
books  shall  be  printed  the  designation  of  the  precinct  for  which 
the  ballots  have  been  prepared,  and  on  the  inside  of  one  of  the 
covers  of  the  book  shall  be  printed  the  form  hereinafter  given 
for  the  election  return.  The  main  stub  shall  be  printed  as 

follows:  Consecutive  number,  —  (after  these  words 

the  consecutive  numbers  shall  be  printed,  beginning  with  one 
and  increasing  in  regular  numerical  order)  ;  name  of  voter, 
— —  (after  these  words  the  clerk  shall  set  down  the 
voter's  name).  In  all  precincts  where  registration  is  required, 
in  addition  to  the  foregoing,  there  shall  be  printed  on  the  main 

stub  as  follows:  Residence, (after  this  word  the 

clerk  is  to  set  down  the  voter's  residence  or  registered  number). 

§  1462.  Ballots,  how  printed — duties  of  Secretary  of  State 
and  county  clerks — penalties.  All  ballots  shall  be  printed  on 
plain  white  paper,  sufficiently  thick  that  the  printing  cannot 
be  distinguished  from  the  back,  which  paper  shall  be  of  number 


18  KENTUCKY  ELECTION  LAWS. 

one  white  book  paper,  and  when  26x40  inches  shall  weigh  80 
pounds  to  the  ream,  or  if  doube  cap  40  pounds  to  the  ream ;  and, 
except  in  elections  for  a  municipal  office,  shall  be  furnished  to 
tHe  county  court  clerk  by  the  Secretary  of  State,  and  it  shall  be 
the  duty  of  the  county  clerk  to  notify  the  Secretary  of  State 
forty-five  days  before  the  day  of  election  of  the  size  and  the  num- 
ber of  ballots  which  shall  be  necessary  for  said  county,  estimating 
fifty  per  cent  more  to  the  precinct  than  there  were  ballots  cast  at 
the  last  preceding  State  election,  and  the  Secretary  of  State  shall 
furnish  the  paper  as  herein  provided  within  five  days  after  said 
notification  by  the  county  court  clerk.  If  upon  any  ticket  there 
be  no  candidate  or  candidates  for  a  designated  office  a  blank 
space  equal  to  the  space  that  would  be  occupied  by  such  name 
or  names,  if  they  were  printed  thereon,  with  the  blank  spaces 
herein  provided  for,  shall  be  left.  Should  the  Secretary  of  State 
fail  or  refuse  to  so  furnish  said  paper  for  the  ballots  he  shall 
be  guilty  of  a  misdemeanor,  and  upon  trial  and  conviction  by 
indictment  in  the  Franklin  Circuit  Court  be  fined  not  less  than 
one  thousand  ($1,000)  dollars  and  not  more  than  five  thousand 
($5,000)  dollars,  in  the  discretion  of  the  jury.  Provided,  That 
in  the  year  1900  the  notice  herein  provided  for  to  be  given  to  the 
Secretary  of  State  by  the  county  court  clerk,  shall  not  be  given, 
but  immediately  after  the  passage  of  this  act  and  at  least  fifteen 
(15)  days  before  the  day  of  the  next  ensuing  election  the  Secre- 
tary of  State  shall  furnish  to  the  various  county  court  clerks 
the  paper  upon  which  the  ballots  shall  be  printed,  which  shall 
be  of  the  quality  as  herein  provided,  and  each  county  shall  be 
furnished  fifty  per  cent  more  ballots  than  were  cast  in  the  re- 
spective counties  at  the  last  preceding  State  election.  Provided, 
however,  That  the  clerks  of  the  various  counties  of  the  State  shall 
furnish  the  paper  of  the  kind  and  weight  as  herein  provided  for 
the  ballots,  in  the  year  nineteen  hundred  if  the  Secretary  of  State 
does  not  furnish  same  twelve  (12)  days  before  the  day  of  the 
next  ensuing  election.  Said  clerk  shall  be  subect  to  the  same  pen- 
alties prescribed  for  failure  to  print  on  paper  furnished  by  the 
Secretary  of  State,  if  he  fails  to  have  ballots  printed  on  the  kind 
and  quality  of  paper  as  set  out  herein.  (This  section  is  sec.  5  of 
an  act  of  October  16,  1900,  as  amended  1918.) 

§  1462a.    Penalty  against  county  clerks  for  failure  of  duty 


KENTUCKY  ELECTION  LAWS.  19 

respecting  ballots.  If  any  county  court  clerk  shall  refuse  or 
fail  to  have  ballots,  which  are  herein  required  to  be  printed 
on  paper  furnished  by  the  Secretary  of  State,  printed  upon 
paper  so  -furnished  by  said  Secretary,  he  shall  be  fined  five  hun- 
dred dollars,  or  imprisoned  in  the  county  jail  for  six  months, 
or  both  so  fined  and  imprisoned.  (This  section  is  sec.  6  of  an 
act  of  October  16,  1900.) 

§  1463.  Penalty  for  violations  of  law  by  printer  of  ballots. 
If  the  printer  of  such  ballots,  or  any  person  employed  in  print- 
ing the  same,  shall  give  or  deliver,  or  knowingly  permit  to  be 
taken,  any  of  said  ballots,  by  any  person  other  than  the  county 
clerk  for  whom  such  ballots  are  being  printed,  or  shall  print  or 
cause  or  permit  to  be  printed  any  ballot  in  any  other  form  than 
the  one  prescribed  herein,  or  with  any  other  names  thereon, 
or  with  the  names  spelled  or  the  names  and  devices  thereon  ar- 
ranged in  any  other  way  than  that  authorized  and  directed 
by  the  said  clerk,  he  shall  be  guilty  of  felony,  and,  on  convic- 
tion thereof,  shall  be  imprisoned  in  the  State  penitentiary  not 
less  than  three  nor  more  than  ten  years. 

§  1464.  Death,  removal  or  withdrawal  of  candidates — how 
other  names  placed  on  ballot — pasters.  In  case  of  the  death, 
removal  or  resignation  of  any  candidate  after  the  printing  of 
such  ballots,  and  before  such  election,  it  shall  be  lawful  for  the 
chairman  of  the  State,  district  or  county  political  organization 
of  which  such  candidate  was  a  member  to  make  a  nomination  to 
fill  such  vacancy,  and  to  provide  the  election  clerk  of  each  pre- 
cinct in  which  such  candidate  is  to  be  voted  for  with  a  number 
of  pasters  containing  only  the  name  of  such  candidate ,  at 
least  equal  to  the  number  of  the  ballots  provided  each  precinct ; 
but  no  pasters  shall  be  given  to,  or  received  by,  any  one  except 
such  clerk,  and  it  shall  be  the  duty  of  said  clerk  to  put  one  of 
such  pasters,  in  a  careful  and  proper  manner,  and  in  the  proper 
place,  on  each  ballot  before  he  shall  sign  his  name  thereon. 

§  1465.  Ballots,  stubs  and  other  utensils  to  be  furnished  by 
clerk.  It  shall  be  the  duty  of  the  county  court  clerk  to  cause  to 
be  printed,  bound  and  ready  for  distribution  at  least  thirty  days  . 
before  any  regular  primary  or  regular  election  and  at  least  two 
days  before  any  other  election,  one  book  of  stubs  and  ballots  for 
each  voting  precinct  in  his  county,  and  shall  furnish  fifty  per 


20  KENTUCKY  ELECTION  LAWS. 

cent  more  ballots  for  each  precinct  than  there  were  votes  cast 
in  said  precinct  at  the  last  State  or  National  election.  He  shall 
also  have  made  for  each  voting  precinct  in  his  county  one  metal 
stamp  at  least  one  inch  in  diameter,  which  shall  be  known  as  the 
county  election  seal.  It  shall  have  upon  it  the  word  ''election" 
straight  across  the  center;  the  name  of  his  county  around  the 
circle  inside  the  rim  above  the  word  '  *  election, ' '  and  the  name  of 
the  precinct  for  which  it  is  made  around  the  circle  inside  the  rim 
below  the  word  '  *  election, ' '  together  with  one  stick  of  best  sealing 
wax,  such  as  is  used  by  the  United  States  Government  and  by 
express  companies  for  sealing  packages  containing  money.  He 
shall  also  have  made  for  each  precinct  in  his  county  one  adjusta- 
ble linen  envelope  sufficiently  large  to  hold  all  the  ballots  that 
may  be  voted  at  such  precinct,  with  a  gummed  seal  on  the  back 
thereof,  and  a  place  on  the  point  of  the  seal  for  the  county  elec- 
tion seal.  He  shall  also  have  made  one  linen  envelope  for  the 
purpose  of  holding  the  tally  sheet,  with  a  gummed  seal  on  the 
back  thereof,  and  a  place  on  the  point  of  the  seal  for  the  county 
election  seal.  He  shall  also  have  made  one  adjustable  linen  en- 
velope sufficiently  large  to  hold  all  the  ballots  of  which  there  is 
any  doubt  or  difference  of  opinion  in  the  minds  of  the  judges 
concerning  their  legality  or  regularity.  He  shall  deliver  said 
ballot  book  and  ballots,  together  with  the  election  seal  for  the 
different  precincts  and  the  two  large  and  one  small  linen  envel- 
opes for  holding  the  ballots  and  tally  sheet,  and  all  necessary 
black  ink  stencils,  sample  ballots  and  cards  of  instruction  as 
herein  provided,  to  the  clerks  of  such  precincts  and  take  their 
receipts  for  the  same.  One  of  such  ink  stencils  shall  be  safely 
placed  in  the  booth,  the  other  preserved  by  the  clerk,  to  be  used 
in  case  any  are  lost,  stolen  or  destroyed.  Should  any  person 
steal  or  wilfully  destroy  either  of  said  stencils,  or  any  of  the 
election  supplies  required  to  be  furnished  herewith,  he  shall,  upon 
conviction,  be  fined  not  less  than  fifty  dollars  nor  more  than  two 
hundred  dollars,  and  be  confined  in  the  county  jail  not  less  than 
one  nor  more  than  six  months.  (This  section  is  sec.  9  of  an  act 
of  October  16,  1900,  as  amended  1918.) 

§  1466.  Cards  of  instruction — duty  of  county  clerk  and  at- 
torney. The  county  clerk  and  county  attorney  of  each  county 
shall  cause  to  be  printed  in  large  type  on  cards,  instructions  for 


KENTUCKY  ELECTION  LAWS.  21 

the  guidance  of  electors  in  preparing  their  ballots.  They  shall 
furnish  eight  of  such  cards  to  each  of  the  election  clerks  at  the 
same  time  they  deliver  to  him  the  ballots  for  his  precinct.  Each 
clerk  shall  cause  to  be  posted  one  of  each  of  said  cards  in  each 
place  or  booth  provided  for  the  preparation  of  ballots,  and  not 
less  than  three  of  each  of  such  cards  and  three  sample  ballots 
about  the  polling  place,  and  not  nearer  thereto  than  fifty  feet, 
at  the  opening  of  the  polls  on  the  day  of  election,  which  sample 
ballots  shall  be  printed  on  different  colored  paper  than  the  gen- 
uine ballots.  Said  cards  shall  contain  full  instructions  to  the 
voters  as  to  what  must  be  done : 

1.  To  obtain  ballots  for  voting. 

2.  To  prepare  the  ballots  for  voting. 

3.  To  obtain  a  new  ballot  in  place  of  one  accidentally  de- 
faced, mutilated   or  spoiled,  and  the  method  of  obtaining  as- 
sistance ;  also  copies  of  section  1482,  and  sections  1566,  1567  and 
1568. 

§  1467.  Voting  places — booths — duties  of  sheriff.  It  shall 
be  the  duty  of  the  sheriff  in  each  county,  before  each  election, 
to  secure  in  each  precinct  of  the  county  a  suitable  room  in 
which  to  hold  the  election,  and  to  have  placed  therein  suffi- 
cient number  of  booths  or  compartments  in  which  electors 
shall  mark  their  ballots,  screened  from  observation.  The  num- 
ber of  such  booths  shall  not  be  less  than  one  to  every  one  hun- 
dred voters,  and  one  for  every  fraction  of  one  hundred  voters 
exceeding  fifty  who  voted  at  the  last  preceding  election  in  such 
precinct.  Each  booth  shall  have  three  sides  inclosed,  one  side 
in  front  to  open  and  shut  by  a  door,  swinging  outward,  or  to 
be  closed  with  a  curtain ;  and  each  booth  shall  be  about  six  feet 
high  and  about  three  feet  square,  and  shall  contain  a  shelf  at 
least  one  foot  wide  at  a  convenient  height  for  writing,  and  the 
door  or  curtain  shall  extend  to  within  two  feet  of  the  floor,  which 
shall  be  closed  while  the  voter  is  preparing  his  ballot,  and  such 
booths  shall  be  well  lighted.  Booths  shall  be  so  arranged  that  all 
the  officers  of  election  can  see  whether  more  than  one  voter  en- 
ters any  of  such  booths  at  one  time ;  and  the  sheriff  of  election, 
in  each  precinct,  shall  have  the  care  and  custody  of  said  booths, 
and  may  direct  in  whose  custody  they  shall  remain  after  an 
election.  No  person,  other  than  the  election  officers  and  the  chal- 


22  KENTUCKY  ELECTION  LAWS. 

lengers  allowed  by  law,  and  those  admitted  for  the  purpose  of 
voting  as  hereinafter  provided  shall  be  permitted  within  said 
room  while  the  vote  is  being  polled,  except  by  authority  of  the 
election  officers  to  keep  order  and  enforce  the  law.  The  expense 
of  rooms  and  booths  shall  be  paid  in  the  same  manner  as  other 
election  expenses. 

§  1468.  Ballot  boxes — character  of — duties  of  sheriff.  It 
shall  be  the  duty  of  the  sheriff  of  each  county,  or  the  officer 
acting  for  him  when,  for  any  cause,  the  sheriff  can  not  act, 
to  provide  for  each  precinct  or  voting  place  in  the  county,  and 
at  the  expense  of  the  county,  to  be  paid  out  of  the  county 
funds  upon  order  of  the  county  court  and  allowed  by  the  fiscal 
court,  a  strong  and  well-made  ballot  box,  sufficiently  large  to 
contain  all  the  ballots  to  be  cast  at  the  precinct  or  voting  place 
to  which  it  is  sent;  such  box  to  have  on  it  a  lid,  working  on 
hinges,  and  provided  with  two  locks  of  different  kinds  and  com- 
bination, so  that  the  key  of  the  one  will  not  unlock  the  other. 
An  aperture,  sufficient  only  for  the  insertion  of  a  single  ballot, 
shall  be  made  in  each  box.  Such  box  shall,  not  less  than  three 
days  before  the  day  for  holding  an  election,  be,  by  the  sheriff 
or  other  officer  acting  for  him,  delivered  to  the  officers  of  the 
election  in  each  precinct  or  voting  place.  The  officers  of  elec- 
tion, before  the  voting  begins,  shall  see  that  no  ballots  are  in  the 
box,  and  shall  thereupon  securely  lock  the  box  and  give  one  key 
to  each  of  the  judges;  and  the  box  shall  not  be  again  opened 
until  the  polls  are  closed;  and  the  officers  are  ready  to  immedi- 
ately proceed  with  the  counting. 

§  1469.  Hours  of  election.  The  polls  shall  be  opened  at 
six  o'clock  in  the  forenoon,  and  kept  open  continuously  up  to 
and  closed  at  four  o  'clock  in  the  afternoon  of  the  same  day ;  and 
before  receiving  the  ballots  of  any  elector,  the  officers  of  elec- 
tion shall  cause  to  be  proclaimed  that  such  election  is  opened. 
(Section  as  amended  by  act  of  October  18,  1900;  Con.,  sec.  148.) 

§  1470.  Persons  not  voting  to  keep  from  polls — oath  of 
challenger.  No  person,  other  than  the  election  officers,  shall 
remain  within  fifty  feet  of  the  polls,  except  when  voting:  Pro- 
vided, That  each  political  party  may  appoint  one  challenger 
for  each  precinct,  who  shall  be  entitled  to  stay  in  the  room 
or  at  the  door  thereof.  Such  challenger  shall  be  appointed  in 


KENTUCKY  ELECTION  LAWS.  23 

writing  by  the  chairman  of  the  county  or  other  local  commit- 
tee of  their  political  party,  and  shall  produce  written  appoint- 
ments on  demand  of  any  of  the  officers  of  election.  Each  chal- 
lenger shall  take  the  following  oath:  ''You  do  solemnly  swear 
(or  affirm)  that  you  will  faithfully  and  impartially  discharge 
the  duties  as  official  challenger,  assigned  by  law;  that  you  will 
not  cause  any  delay  to  persons  offering  to  vote,  further  than  is 
necessary  to  procure  satisfactory  information  of  the  qualifica- 
tion of  such  person  as  an  elector,  and  that  you  will  use  no 
means  to  influence  any  voter,  and  that  you  will  not  disclose  or 
communicate  to  any  person  how  any  elector  has  voted  at  such 
election,"  (See,  as  to  inspector,  sec.  1481,  and  as  to  duty  of  elec- 
tion officer,  sec.  1481a.) 

§  1471.  Manner  of  voting — duties  of  officers — voting  for 
person  not  on  'ballot.  Any  person  desiring  to  vote  and  legally 
entitled  to  vote  at  such  election  shall  give  his  name  and  resi- 
dence to  the  clerk  holding  the  ballots,  who  shall  write  the  same 
upon  the  main  stub  of  the  ticket  in  the  blank  places  provided 
therefor.  Such  officer  shall  then  mark  upon  the  secondary  stub 
the  elector's  registered  number  in  all  precincts  in  which  a 
registration  law  is  in  force,  and  in  all  other  precincts  the 
elector's  full  name,  and  the  stub-book  for  this  purpose  shall 
take  the  place  of  a  poll-book.  The  clerk  shall  then  detach  the 
ballot,  with  the  secondary  stub  attached,  from  the  main  stub, 
and  write  his  name  on  the  back  thereof,  and  hand  it,  thus 
indorsed,  to  the  elector.  The  clerk  shall  give  him  one,  and  only 
one,  ballot,  and  on  request  of  voter  shall  give  explanation  of 
the  manner  of  voting.  On  receipt  of  his  ballot  the  elector  shall 
forthwith,  and  without  leaving  the  room,  retire  alone  to  one 
of  the  voting  booths,  as  provided,  and  shall  prepare  his  ballot 
by  marking  in  the  appropriate  square  a  crossmark  (X)  imme- 
diately following  the  name  of  the  candidate  of  his  choice  for 
such  office  to  be  filled,  and  in  case  of  a  question  submitted  to 
the  vote  of  the  people,  by  marking  in  the  appropriate  square  a 
crossmark  (X)  against  the  answer  which  he  desires  to  give. 
Should  any  elector  desire  to  vote  for  each  and  every  candidate 
for  one  party,  he  shall  make  a  crossmark  (X)  in  the  large 
square  embracing  the  device  and  proceeding  the  title  under 
which  the  candidates  of  said  party  are  printed,  and  the  vote  shall 


24  KENTUCKY  ELECTION  LAWS. 

then  be  counted  for  all  the  candidates  under  that  title :  Provided, 
however,  That  if  a  crossmark  (X)  be  made  in  the  large  square 
including  the  device  of  such  party,  and  a  crossmark  be  also 
marked  in  the  square  after  the  name  of  one  or  more  candidates 
of  a  different  party  or  parties,  the  vote  shall  be  counted  for  the 
candidate  so  marked,  and  not  for  the  candidates  for  the  same 
office  of  the  party  so  marked ;  but  the  vote  shall  be  counted  for 
the  other  candidates  under  such  party  names  or  designation.  If 
the  elector  mark  more  names  than  there  are  persons  to  be  elected 
to  an  office,  or  if,  for  any  reason,  it  is  impossible  to  determine 
the  voter's  choice  for  an  office  to  be  filled,  his  ballot  shall  not  be 
counted  for  such  office.  No  ballot  shall  be  rejected  for  any 
technical  error  which  does  not  make  it  impossible  to  determine 
the  voter's  choice.  Nothing  in  this  law  contained  shall  be  so 
construed  as  to  prevent  a  voter  from  voting  for  any  qualified 
person  other  than  those  whose  names  are  printed  on  the  ballots 
for  any  office  to  be  filled,  by  writing  with  black  lead  pencil,  under 
the  designation  of  the  office,  the  name  of  such  person  and  plac- 
ing to  the  right  of  such  name  a  (X)  mark.  All  marking  upon 
the  ballots  shall  be  made  with  black  ink  stencil.  There  shall  be 
kept  in  each  booth  the  necessary  stencils  and  pencils,  to  be  se- 
curely fastened  by  a  string  or  cord  of  sufficient  length  to  enable 
voters  to  use  the  same.  (Parts  of  this  section  are  repealed  ~by 
seel  1460;  see  and  compare.) 

§  1472.  Delivery  of  ballot  ~by  voter  to  judge — secondary 
stub  retained.  Before  leaving  the  voting  booth  the  elector 
shall  fold  his  ballot  without  displaying  the  marks  thereon,  ex- 
cept the  indorsements  and  the  fac  simile  of  the  signature  of 
county  clerk  and  the  signature  of  election  clerk  must  be  dis- 
closed. He  shall  deliver  to  one  of  the  judges  the  ballot,  who 
shall  detach  the  secondary  stub  bearing  the  elector's  registered 
number  or  name,  and  deposit  the  ballot  in  the  ballot-box. 
The  secondary  stubs  shall  be  preserved  until  the  polls  are 
closed,  and  sjiall  then  be  destroyed  before  the  ballot-box  is 
opened.  He  shall  mark  and  vote  his  ballot  without  undue 
delay,  and  shall  leave  said  room  as  soon  as  he  has  voted.  No 
such  elector  shall  be  allowed  to  occupy  a  voting  booth  already 
occupied  by  another,  or  to  occupy  a  voting  booth  for  more  than 
three  minutes,  in  case  all  such  booths  are  in  use  and  electors 


KENTUCKY  ELECTION  LAWS.  25 

are  waiting  to  occupy  the  same,  or  to  speak  to  or  converse  with, 
any  one,  except  as  herein  provided,  while  within  such  room. 
No  elector,  not  an  officer  of  elections,  shall  be  allowed  to  re- 
enter  said  room  during  said  election.  No  more  electors  shall 
be  allowed  to  enter  within  said  room  at  any  one  time  than 
there  are  voting  booths  provided.  It  shall  be  the  duty  of  the 
judges  and  sheriff  of  election  to  secure  the  observance  of  the 
provisions  of  tnis  section. 

§  1473.  Ballot  not  voted  to  be  returned — penalty  for  leav- 
ing room  with  ballot — defaced  ballots.  Every  elector  who  does 
not  vote  a  ballot  delivered  to  him  by  the  clerk  shall,  before 
leaving  the  polling-room,  return  such  ballot  to  such  clerk;  and 
any  voter  who  shall  attempt  to  leave  the  room  with  a  ballot 
in  his  possession  shall  at  once  be  arrested  on  demand  of  either 
of  the  judges,  and  shall  be  fined  therefor  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars.  If  any  elec- 
tor spoil  or  deface  a  ballot  by  mistake,  so  that  it  can  not  be 
used,  he  may  return  it,  and  receive  in  place  thereof  one  other 
ballot ;  and  the  fact  shall  be  noted  by  the  clerk  by  writing  the 
word  "spoiled"  on  the  stub  and  spoiled  ballot.  (See  further, 
as  to  penalty,  sec.  1566.) 

§  1474.  Ballot  shown  not  to  be  deposited — note  on  stub 
book — folding  ballot.  If  any  elector  shall  show  his  ballot,  or 
any  part  thereof,  to  any  other  person,  after  the  same  shall  have 
been  marked,  so  as  to  disclose  any  of  the  candidates  voted  for, 
such  ballot  shall  not  be  deposited  in  the  ballot-box.  A  minute 
of  such  occurrence  shall  be  made  on  the  stub-book,  and  such 
persons  shall  not  be  allowed  to  vote  thereafter.  If  a  voter 
shall  offer  to  vote  a  ballot  so  folded  as  not  to  disclose  the  in- 
dorsement thereon,  including  the  signature  of  the  election  clerk, 
the  judges  shall  direct  him  to  return  to  the  booth  and  fold  his 
ballot  properly. 

§  1475.  Illiterate,  blind  and  disabled  persons — penalty  for 
false  declaration.  Any  elector  who  declares,  on  oath,  that,  by 
reason  of  inability  to  read  the  English  language,  he  is  unable 
to  mark  his  ballot,  may  declare  his  choice  of  candidates  or 
Darty  ticket  to  the  clerk,  in  the  presence  of  the  judges,  sheriff 
and  challengers  and  the  elector,  shall,  with  his  pencil,  mark  a 
dot  in  the  appropriate  place  for  the  cross-mark,  to  indicate  the 


26  KENTUCKY  ELECTION  LAWS. 

v 

choice  of  the  elector.  The  clerk  shall  then  fold  and  deliver 
the  ballot  to  the  elector,  and  instruct  him  to  retire  to  the  booth 
and  there  mark  his  ballot  by  making  a  cross-mark  either  in  the 
squares  showing  dots  or  any  other  squares  he  may.  desire.  In 
all  other  respects  he  shall  vote  as  is  required  of  other  electors.  In 
case  any  person  applying  to  vote  is  blind,  and  shall  so  declare 
on  oath,  the  clerk  shall  be  allowed  to  mark  his  ballot  for  him 
in  the  presence  of  the  other  officers  of  election,  and  the  chal- 
lengers allowed  by  law ;  or,  in  case  any  person  shall  be  so  physi- 
cally disabled  as  to  be  unable  to  mark  his  ballot  and  shall  so  de- 
clare on  oath,  the  clerk  shall  have  the  right  to  mark  his  ballot  as 
in  the  case  of  a  blind  person  applying  to  vote.  Any  one  making 
a  false  declaration  under  this  provision  of  this  section  shall, 
upon  conviction,  be  fined  in  any  isum  not  exceeding  fifty 
dollars,  and  be  disfranchised  for  a  period  of  two  years;  and 
any  clerk  who  shall  willfully  deceive  any  elector  in  marking, 
any  ballot,  or  willfully  mark  the  same  in  any  other  way  than 
as  requested  by  said  elector,  shall  be  guilty  of  felony,  and,  up- 
on conviction,  shall  be  imprisoned  in  the  penitentiary  for  not 
less  than  two  nor  more  than  five  years. 

§  1476.  Officer  shall  not  deposit  ballots — penalty  for  de- 
facing, or  marking.  No  judge  or  other  officer  of  election 
shall  deposit  any  ballot  upon  which  the  fac  simile  signature  of 
the  county  clerk,  and  the  name  of  the  election  clerk,  as  here- 
inbefore provided,  do  not '  appear,  or  any  ballot  on  which 
appears  externally  any  distinguishing  marks,  defacing  or  mu- 
tilation. If  any  officer  of  election,  or  other  person  entrusted 
with  the  custody  or  control  of  any  ballot  or  ballots,  either  be- 
fore or  after  they  have  been  voted,  shall  in  any  way  mark, 
mutilate  or  deface  any  ballot  or  place  any  distinguishing  mark 
thereon,  either  for  the  purpose  of  identifying  the  same  (except 
by  numbering  protested  ballots  for  future  reference)  or  for 
the  purpose  of  vitiating  the  same,  he  shall  be  guilty  of  a  felony, 
and,  on  conviction,  shall  be  imprisoned  in  the  State  peniten- 
tiary not  more  than  ten  nor  less  than  five  years,  and  fined  in 
any  sum  not  exceeding  two  thousand  dollars.  (See  sec.  1573.) 

§  1477.  Challenges — how  qualification  of  voter  determined 
If  a  person  offering  to  vote  is  not  personally  known  to  one  of 
the  judges  or  the  sheriff  as  a  qualified  voter,  he  shall  be  inter- 


KENTUCKY  ELECTION  LAWS.  27 

rogated,  under  oath  administered  by  one  of  the  judges  or  the 
clerk,  as  to  his  qualification.  If,  from  the  statement  so  made, 
he  appears  to  be  qualified,  he  shall  be  admitted  to  vote,  unless 
his  right  is  disputed  by  one  of  the  judges,  the  sheriff,  or  one 
of  the  challengers.  If  so  disputed,  the  judges  shall  hear  wit- 
nesses, not  exceeding  two  in  number  on  each  side,  as  to  his  qual- 
ifications, and  decide  as  may  appear  right  from  the  proof 
and  the  statements  of  the  party.  The  word  "sworn"  shall 
be  written  on  the  stub  book  under  the  name  of  every  one  so 
voting,  which  entry  shall  be  prima  facie  evidence  of  sueh 
swearing  in  any  prosecution  under  this  law.  Any  voter  of  tbe 
precinct  may  send  a  written  notification,  over  his  own  signa- 
ture, of  challenge  to  the  right  of  any  person  or  persons  to  vote, 
setting  forth  the  reasons  thereof  to  the  judges  of  election,  and 
such  person  or  persons  may  be  challenged  as  herein  provided. 
§  1477a.  Printed  oaths — voter  may  be  required  to  swear — 
penalties  against  voter  and  election  officer.  The  officer  who 
furnishes  the  ballots  to  the  election  officers  of  the  precincts 
shall,  at  the  time  he  delivers  said  ballots,  furnish  to  the  election 
officers  aforesaid  a  number  of  copies  of  the  following  oath, 
equal  to  five  per  cent  of  the  ballots  furnished  said  precinct, 
which  shall  be  printed  on  paper  suitable  for  writing  with  ink, 
to-wit : 

State  of  Kentucky,  \ 

County  of fSS' 


"  I  do  solemnly  swear  that  I  am  of  the  age  of  not  less  than 
twenty-one  years;  that  I  have  resided  in  the  State  of  Ken- 
tucky one  year  and  in  the  county  of  six  months, 

and  in  precinct  No.  sixty  days  next  preceding  the 

election,  A.  D.  19 I  reside  at  No 

street    (if  said  person  claims  to  reside  in  a  city).     My  two 

nearest  neighbors  are ,  and  that  I  have  never  been 

convicted  in  any  court  of  treason  or  of  any  felony  or  bribery 
and  not  pardoned  therefor,  and  that  I  know  of  no  legal  dis- 
qualification which  should  prevent  my  vote  from  being  cast 
and  counted  at  this  election. 


28  KENTUCKY  ELECTION  LAWS. 

"This  the day  of ,  A.  D.,  19 


"Subscribed  and  sworn  to  before  me  this  the  day  of 

,  A.  D.,  19 


"Judge  of  the  Election." 

Whenever  the  officers  of  election  disagree  as  to  the  qualifi- 
cation of  any  one  who  offers  to  vote,  one  of  the  judges  of  the 
elestion  shall  administer  the  oath  prescribed  in  the  form  set 
out  in  this  section,  and  shall  correctly  fill  out  with  ink  the 
blanks  in,  and  require  the  person  offering  to  vote  to  subscribe 
his  name  thereto,  with  pen  and  ink,  and  upon  his  failure  or  re- 
fusal to  take  said  oath  and  to  subscribe  his  name  thereto  the 
person  so  offering  to  vote  shall  not  be  permitted  to  vote.  If  the 
person  offering  does  take  .  said  oath  and  subscribe  his  name 
thereto  and  no  counter  affidavit  is  filed,  he  shall  be  permitted 
to  vote,  and  one  of  the  judges  shall  certify  the  same,  and  the 
oath  so  subscribed  and  certified  shall  be  returned  to  the  county 
clerk  of  the  county  with  the  poll  books,  who  shall  safely  keep 
the  same  and  shall  deliver  the  same  to  the  foreman  of  the 
grand  jury  on  the  first  day  of  the  next  term  of  circuit  court 
held  in  said  county,  and  for  his  failure  to  do  so  he  shall  be 
fined  not  less  than  ten  nor  more  than  one  hundred  dollars.  It 
shall  be  the  duty  of  the  Commonwealth's  attorney  and  county 
attorney  to  investigate  each  of  these  certificates  and  cause  to 
be  summoned  before  the  grand  jury  such  witnesses  as  they,  or 
either  of  them,  shall  determine  proper,  and  it  shall  be  the  duty 
of  the  grand  jury  to  make  a  thorough  investigation  of  all  votes 
so  cast,  and  return  indictments  against  all  persons  so  illegally 
voting. 

Any  person  who  shall  falsely  take  the  oath  prescribed  in 
this  section,  or  shall  subscribe  his  name  to  the  oath  therein  pre- 
scribed, if  said  oath  shall  be  false  and  untrue  as  to  any  state- 
ment therein,  shall  be  deemed  guilty  of  felony,  and  shall,  on 
conviction,  be  confined  in  the  penitentiary  not  less  than  two 
nor  more  than  ten  years. 

It  shall  be  the  duty  of  the  foreman  of  the  grand  jury  to  re- 
turn all  the  certificates  upon  which  no  indictments  shall  be 


KENTUCKY  ELECTION  LAWS.  29 

found  to  the  county  clerk  who  shall  safely  keep  the  same  as  a 
part  of  the  records  of  the  office,  and  shall  produce  them,  or  any 
of  them,  when  required,  to  any  subsequent  grand  jury. 

Any  election  officer  who  shall  fail  or  refuse  to  perform  any 
of  the  duties  imposed  by  this  section  shall,  upon  conviction, 
be  fined  not  less  than  fifty  nor  more  than  two  hundred  and  fifty 
dollars,  or  be  confined  in  the  county  jail  not  less  than  thirty 
days  nor  more  than  six  months,  or  be  both  fined  and  impris- 
oned, in  the  discretion  of  the  jury.  ( This  section  is  sec.  8  of  an 
act  of  October  16,  1900.) 

§  1478.  Residence  of  voter — rules  for  determining.  The 
following  rules  shall  be  observed  in  determining  the  residence 
of  a  person  offering  to  vote,  so  far  as  may  be  applicable. 

1.  That  shall  be  deemed  his  residence  where  his  habitation 
is,  and  to  which,  when  absent,  he  has  the  intention  'of  return- 
ing. 

2.  He  shall  not  lose  his  residence  by  absence  for  temporary 
purposes  merely;  nor  shall  he  obtain  a  residence  by  being  in 
a  county  or  precinct  for  such  temporary  purposes,  without  the 
intention  of  making  the  county  or  precinct  his  home. 

3.  By  removal  to  another  State  or  county,  with  intention 
to  make  his   permanent   residence   there,  he  loses  his  former 
residence 

4.  So,  also,  he  loses  his  residence  here  by  removal  to  and 
residence  in  another  State,  with  intention  to  reGide  there  an 
indefinite  time,  or  by  voting  there,  even  though  he  may  have 
had  the  intention  to  return  here  at  some  future  perioc}. 

5.  The  place  where  the  family  of  a  married  man  resides 
shall  generally  be  considered    his  residence,  unless  the  family 
so  resides  for  a  temporary  purpose.     If  his  family  is  perma- 
nently in  one  place,  and  he  transacts  his  business  in  another, 
the  former  shall  be  his  residence. 

§  1479.  Citizenship — questions  ~by  judges.  If  a  person  is 
objected  to  as  not  being  a  citizen,  in  addition  to  any  questions 
the  judges  may  think  proper  to  ask,  the  following  shall  be  put 
to  him: 

1.  Have  you  resided  in  this  State'  one  year  and  in  this 
(County  six  months  immediately  preceding  this  election?  And 


30  KENTUCKY  ELECTION  LAWS. 

have  you  resided  in  this  precinct  sixty  days  next  preceding  this 
election  ? 

2.  Have  you  been  absent  from  this  State  within  the  year 
immediately  preceding  this  election?  And  if  so,  did  you,  while 
absent,  consider  this  State  as  your  home,  •  or  did  you,  while 
absent,  vote  in  another  State?  (See,  further,  sec.  1477 'a.) 

§  1480.  Residence  in  county  or  precinct.  If  the  person  is 
objected  to  as  not  a  resident  of  the  county  or  precinct  in  which 
he  offers  to  vote,  then,  in  like  manner,  the  following  questions 
shall  be  put  to  him : 

1.  When  did  you  last  come  into  county  (or  precinct)  ? 

2.  When  you  came  into  this  county  (or  precinct),  did  you 
come  for  a  temporary  purpose  merely,  or  for  the  purpose  of 
making  it  your  home ' 

3.  Did  you  come  into  this  county   (or  precinct)   for  the 
purpose  of  voting  in  it?     (See,  further,  sec.  1477a.) 

§  1481.  Representative  of  party  may  be  present  at  count  of 
votes.  The  county  executive  committee  of  each  party  having 
a  ticket  to  be  voted  at  an  election  may  designate  a  suitable 
person  to  be  present  at,  witness  and  inspect  the  counting  of  the 
vote  in  each  precinct,  who  shall  be  admitted  to  said  voting 
place;  but  no  other  person  except  the  election  officers  shall  be 
admitted  to  the  said  polling  place  before  or  after  the  count  be- 
gins, except  as  provided  by  law.  (As  to  challenge,  see  sec. 
1470.) 

§  1481&.  Challenger  or  inspector — penalty  for  refusing  to 
admit.  If  any  election  officer  at  any  precinct  shall  refuse  to 
permit  any  challenger  or  inspector  of  any  regular  political 
party  having  a  ticket  to  be  voted  format  the  election,  who  has 
been  duly  appointed  and  presents  a  certificate  thereof  duly  at- 
tested, to  perform  his  duties  as  challenger  or  inspector,  as  the 
case  may  be,  he  shall  be  fined  not  less  than  fifty  nor  more  than 
five  hundred  dollars.  (This  section  is  sec.  1  of  an  act  of  Octo- 
ber 16,  1900.) 

§  1482.  Counting  votes — duty  of  officers  respecting  ballots 
and  boxes  and  keys — vote  to  be  announced.  As  soon  as  the 
polls  are  closed  on  the  day  of  the  election,  and  without  ad- 
journment or  separation  of  the  officers,  they  shall,  in  the  vot- 
ing room,  open  the  ballot  box  and  immediately  count  the  bal- 


KENTUCKY  ELECTION  LAWS.  31 

lots  and  make  a  tally  sheet  of  the  count.  When  the  result  of 
the  ballot  is  ascertained  it  shall  be  immediately  announced  by 
one  of  the  judges  in  front  of  the  voting  room.  All  the  ballots 
which  have  been  counted,  and  over  which  there  is  no  question 
of  regularity,  shall  consecutively  be  placed  on  a  string,  to  be 
furnished  by  the  county  court  clerk,  as  near  as  possible  in  the 
middle  of  the  ballot,  and  when  the  count  is  completed  the  bal- 
lots so  strung  shall  be  wrapped  twice  around  each  way  with  the 
string  upon  which  the  ballots  are  strung,  and  tied  in  a  hard 
knot,  and  the  knot  shall  then  be  sealed  with  sealing  wax  and 
stamped  with  the  county  election  seal  by  the  judges  of  the 
election,  in  the  presence  of  the  clerk  and  sheriff,  while  the 
wax  is  hot,  so  that  the  impression  of  the  county  election  seal 
can  be  plainly  read:  Provided,  That  if  there  are  any  ballots 
cast  and  counted  or  left  uncounted,  concerning  the  legality  or 
regularity  of  which  there  is  any  doubt  or  difference  of  opinion 
in  the  minds  of  the  judges  of  the  election,  said  ballots  shall  be 
placed  in  the  large  linen  envelope  furnished  by  the  county 
court  clerk  for  that  purpose  and  sealed  up,  and  across  the  seal 
thereof  the  officers  of  the  election  shall  plainly  write  their 
names,  and  at  the  point  of  the  seal  indicated  for  that  purpose 
the  judges  of  the  election  shall,  in  the  presence  of  tht  cleric 
and  sheriff,  place  the  county  election  seal  in  hot  wax,  as  above 
described,  so  that  it  can  plainly  be  read,  and  the  same  be  re- 
turned to  the  clerk  of  the  county  court  with  the  returns  of  the 
election,  for  such  judicial  or  other  investigation  as  may  be 
necessary,  with  a  true  statement  as  to  whether  they  have  or 
have  not  been  counted,  and  if  counted  what  part  and  for  whom. 
The  talty  sheet  shall  be  placed  in  the  linen  envelope  furnished 
for  that  purpose  and  sealed  up  separately,  and  across  the  seal 
thereof  the  judges  of  the  election  shall  plainly  write  their  names, 
and  at  the  point  of  the  seal  indicated  for  that  purpose,  the 
judges  of  the  election  shall,  in  the  presence  of  the  clerk  and  the 
sheriff,  place,  with  wax,  as  above  required,  the  county  election 
seal.  After  the  certificates  have  been  prepared  and  signed,  and 
delivered  as  required  by  law,  by  the  officers  of  election,  then  the 
ballots  that  have  been  counted  and  tied  and  sealed,  as  above  re- 
quired (and  none  other),  together  with  the  tally  sheet,  after  it 
has  been  stamped  and  sealed,  as  above  required,  shall  all  be 


32  KENTUCKY  ELECTION  LAWS. 

placed  in  the  large  adjustable  linen  envelope  prepared  and  fur- 
nished for  that  purpose,  then  the  said  envelope  shall  be  sealed 
and  across  the  seal  thereof  the  officers  of  the  election  shall  each 
write  his  name  in  a  plain  and  legible  hand  and  the  judges  shall, 
in  the  presence  of  the  clerk  and  sheriff,  at  the  point  on  the  seal 
of  said  envelope  indicated  for  that  purpose,  place  the  county 
election  seal  in  hot  wax,  as  above  described,  so  that  it  can  be 
plainly  read,  and  the  envelope  so  sealed  shall  then  be  placed 
in  the  ballot  box  and  securely  locked  with  the  two  locks  herein- 
before required  to  be  furnished,  and  the  keys  to  said  ballot  box 
and  the  county  election  seal  shall  then  be  placed  in  the  posses- 
sion of  the  judge  of  the  opposite  political  faith  to  that  of  the 
sheriff  of  election,  and  the  sheriff  of  the  election  shall  then 
take  possession  of  said  ballot-box  containing  the  ballots  and  tally 
sheet,  and  also  take  possession  of  the  stub  books  containing  the 
certificate  of  election  and  the  envelopes  containing  the  spoiled 
and  mutilated  and  uncounted  and  questioned  ballots.  And  the 
judge  of  election  holding  the  keys  to  the  ballot  box  and  county 
election  seal  shall  go  with  and  accompany  the  sheriff  of  election, 
within  two  days  thereafter,  for  which  he  shall  receive  the  same 
compensation  as  the  sheriff  of  election  now  receives  by  law 
for  delivering  the  poll  books  and  election  returns  to  the  county 
court  clerk's  office,  and  shall,  in  the  presence  of  each  other, 
deliver  to  the  county  court  clerk  the  ballot-box  and  the  poll 
books,  certificates,  and  the  envelopes  containing  the  spoiled, 
mutilated  and  questioned  ballots,  and  the  keys  to  the  ballot- 
box,  together  with  the  county  election  seal,  and  the  county 
court  clerk  shall  then  and  there,  in  the  presence  of  the  said  sheriff 
and  judge,  unlock  the  ballot  box  and  ascertain  if  the  package 
containing  the  ballots  and  tally  sheet  is  properly  sealed,  accord- 
ing to  the  requirements  herein,  and  if  it  is  he  shall  then  issue  his 
receipt  in  duplicate  for  said  ballot  box  and  ballots,  one  to  the 
sheriff  and  one  to  the  judge,  which  shall  be  in  form  as  follows, 
or  as  near  as  can  be  to  conform  to  the  facts. 

FORM  OF  RECEIPT. 

Received   of ,    sheriff    of    election   for pre- 
cinct, the  ballot  box,  and  of ,  judge  of  the  election  of 

said  precinct,  the  keys  to  said  ballot  box  and  the  county  elec- 


KENTUCKY  ELECTION  LAWS.  33 

/ 

tion  seal  for  said  precinct.  I  hereby  certify  that  I  find  upon 
examination,  in  the  presence  of  said  officers,  that  the  package 
in  said  box  is  properly  sealed  and  stamped,  according  to  law ; 
that  I  have  replaced  said  package  in  said  ballot  box  and  re- 
locked  the  same,  and  delivered  to  each  of  them  a  key  to  said 
ballot  box,  and  to  the  judge  of  the  election,  the  county  seal  of 
election,  and  taken  their  receipt  for  same.  The  clerk,  after  hav- 
ing satisfied  himself  as  to  the  condition  of  said  ballots,  shall 
again  replace  said  ballots  in  the  ballot  box  and  relock  said  box 
in  the  presence  of  the  judge  and  sheriff,  and  then  and  there 
deliver  to  each  of  them  a  key  to  said  box.  and  the  seal  of  elec- 
tion to  the  judge  who  gave  it  to  him,  and  take  their  receipt 
therefor.  The  form  of  receipt  sh ')l\  be,  as  near  as  can  be  to 
conform  with  the  facts,  as  follows . 

Received  of ,  clerk  of    county  court,  one 

key  each  to  4he  ballot  box  that  has  been  delivered  to  him  this 

day. ,  by ,  sheriff  of  election  in 

precinct,  county,  Kentucky,   after  having  first  seen 

him  unlock  said  ballot  box  and  examine  the  package  therein, 
and  finding  it  to  be  sealed  and  stamped  according  to  law,  and 
that  we  saw  him  replace  said  package  in  said  ballot  box  and 
relock  the  same,  and  ,  judge  of  election,  hereby  ac- 
knowledges receipt  of  the  county  election  seal  for  his  precinct 
this day  of ,  19 


Judge  of Precinct. 

Sheriff  of Precinct 

The  judge  and  sheriff  shall  retain  said  keys  for  the  period  of 
six  months,  at  which  time,  if  there  has  not  been  a  contest  filed, 
then  they  shall  deliver  said  keys  to  the  county  court  clerk,  to- 
gether with  the  county  election  seal,  and  it  shall  be  his  duty  to 
destroy  said  ballots:  Provided,  however,  If  there  be  a  contest 
iiled  then  the  judge  and  sheriff  of  the  different  precincts,  who 
hold  the  keys  to  the  ballot  box  of  their  respective  precincts, 
shall,  upon  notice  of  the  filing  of  the  contest,  deliver  the  keys 
to  the  judge  of  the  court  having  jurisdiction  to  try  the  contest, 
and  the  officer  so  holding  the  county  election  seal  shall  then 
deliver  the  same  to  the  county  court  clerk.  (This  section  is  sec. 


34  KENTUCKY  ELECTION  LAWS. 

10  of  an  act  of  October  16,  1900,  and,  as  it  fully  covers  the  orig- 
inal section,  it  is  inserted  in  its  place.) 

§  1482a.  Unused  ballots  to  be  destroyed — certificate.  At 
close  of  the  polls  and  before  the  ballot  box  is  open,  the  officers 
of  election  shall  count  the  remaining  ballots  that  have  not 
been  used  and  tear  them  from  the  book  and  destroy  them  by 
burning,  and  in  their  certificate  of  the  result  of  the  election 
they  shall  certify  how  many  ballots  were  not  used  and  de- 
stroyed. (This  section  is  sec.  11  of  act  of  October  16,  1900.) 

§  1482&.    Destruction  of  ballot  stubs  by  county  clerk.    The 
clerk  of  the  county  court  shall  destroy  all  election  ballot  stubs 
after  four  years  from  the  date  of  the  election  at  which  said  bal 
lots  were  used.     (March,  1918,  c.  70,  p.  378.) 

§  1483.  Certificate  of  officers  on  stub  book — duplicates — 
duty  of  officers.  The  form  of  the  return  to  be  made  on  the 
inside  of  the  cover  of  the  stub  book  shall  be  substantially  as  fol- 
lows :  State  of  Kentucky,  county,  election  held  on 

the  day  of ,  eighteen  ,  in  pre- 
cinct.   Number  of  ballots  counted  as  valid,  ;  number 

of  ballots  questioned  or  rejected,  ;  number  of  ballots 

marked  "spoiled,"  ;  whole  number  of  ballots  cast, 

;  number  of  votes  received  for  Governor,  by 

;  number  of  votes  received  for  Lieutenant-Governor, 

by  (and  so  for  other  State  and  county  offi- 
cers) ;  number  of  votes  on  question  of ,  voted  yes, 

•  voted  no, 

We,  the  judges,  sheriff  and  clerk  of  election,  at  the  precinct 
above  mentioned,  certify  that  the  above  is  a  correct  return  of  the 
election  held  therein  on  the  day  aforesaid. 

- ,    Judge 

„.._ _ }    Judge 

,  Clerk 

,  Sheriff. 

Any  witness  to  the  count  or  inspector,  as  provided  in  section 
1481,  may  demand  from  the  officers  a  duplicate,  to  be  signed 
in  like  manner,  and  each  judge  shall  retain  another  duplicate, 
which  may  be  used  as  proof  in  case  of  loss  or  destruction  of  the 
original ;  and  for  this  purpose  each  precinct  clerk  shall  be  fur- 
nished with  a  sufficient  number  of  blank  returns  by  the  county 


KENTUCKY  ELECTION  LAWS.  35 

clerk.  When  the  foregoing  requirements  have  been  complied 
with,  the  judges  shall  deliver  the  stub  book  containing  the  fore- 
going returns,  together  with  the  undestroyed  ballots,  inclosed 
in  an  envelope,  to  the  sheriff  of  election  before  they  separate. 
(Part  of  this  section  is  repealed  by  sec.  1482;  see  and  compare.) 
§  1484.  Sheriff  to  preserve  order  and  act  as  umpire.  In  ad- 
dition to  the  other  duties  provided  herein,  it  shall  also  be  the 
duty  of  the  sheriff  of  each  precinct  to  preserve  order  at  the 
polls  and  enforce  the  provisions  of  the  election  law,  under  the 
direction  of  the  judges ;  and  when  the  judges  disagree,  the 
sheriff  shall  act  as  umpire  between  them. 

ARTICLE  IV. 

Registration  in  Certain  Cities  and  Towns. 

§  1486. .  Cities  and  towns  of  first ,  second,  third  and  fourth 
classes.  In  all  cities  and  towns  of  the  first,  second,  third  and 
fourth  classes  there  shall  be  a  registration  of  all  the  qualified 
voters  of  the  respective  cities  and  towns,  which  registration 
shall  be  held  and  conducted  as  herein  provided.  (Con.,  sec. 
147.)  (By  an  act  of  February  11, 1904,  this  section  was  amended 
~by  adding  fifth  and  sixth  class  towns,  but  an  act  of  March  17, 
1908,  repealed  the  act  of  1904.) 

§  1486&.  Registration  to  be  held  in  town — if  voting  place 
is  outside.  Whenever  there  may  exist  in  this  Commonwealth 
one  or  more  incorporated  cities  or  towns  within  a  voting  pre- 
inct,  and  the  regular  voting  place  is  outside  of  said  city  or 
town,  then  it  shall  be  the  duty  of  the  officers  holding  the  regis- 
tration for  such  incorporated  city  or  town  to  hold  same  within 
said  city  or  town.  (This  section  is  an  act  of  March  21,  1906.) 

§  1487.  Officers  of  registration — term  and  oath  of  office — 
non-attendance  or  vacancy  supplied.  The  officers  of  election 
in  the  several  election  precincts  of  the  respective  cities  and 
towns  mentioned  in  the  preceding  section  shall  be  the  officers 
of  registration  in  such  precincts,  and  shall  serve  as  such  for 
one  year  from  the  time  of  their  appointment  as  officers  of  elec- 
tion; and  each  officer  of  registration,  before  entering  upon  the 
discharge  of  his  duties,  shall  take  an  oath,  before  some  person 
duly  authorized  to  administer  same,  to  faithfully  discharge  the 


36  KENTUCKY  ELECTION  LAWS. 

duties  of  his  office.  Should  the  county  court  fail  to  appoint 
such  officers  of  election  as  provided  in  section  1447,  or  should 
all  the  officers  appointed  in  any  precinct  fail  to  attend  at  the 
place  of  registration  for  one  hour  after  the  time  for  commenc- 
ing the  registration,  or  refuse  to  act,  then  the  county  judge, 
sheriff  or  county  clerk,  or  either  of  them  that  can  be  found, 
shall  appoint  officers  to  act  in  their  stead  for  that  registration; 
but  should  one  or  two  officers  be  in  attendance,  he  or  they  may 
fill  vacancies  for  the  purpose  of  conducting  that  registration, 
and  may  administer  the  necessary  oaths  of  office. 

§  1488.  Officers  to  preserve  order — challenging  right  to 
register — certificate  of  registration.  Officers  of  registration 
shall  have  the  same  power  to  preserve  order  at  the  places  of 
registration  as  is  exercised  by  sheriffs  of  election  at  the  polls. 
If  the  officers  of  registration  entertain  any  doubt  as  to  whether 
or  not  any  person  offering  for  registration  is  entitled  to  such 
registration,  or  if  any  one's  right  to  register  is  challenged,  citi- 
zens may  be  called  in,  not  exceeding  three  in  number,  who  shall 
be  examined  touching  the  qualifications  of  such  person  or  per- 
sons who  offer  to  register.  The  offiers  of  registration  shall  is- 
sue a  certificate  of  registration  to  each  voter  registering  at  the 
time  he  registers,  showing  that  he  has  registered,  and  the  date 
of  his  registering,  and  no  person,  who  is  required  to  register  un- 
der the  provisions  of  this  act,  shall  have  the  right  to  vote  at  any 
election  held  in  this  Commonwealth  until  he  shall  have  pre- 
sented to  the  election  officers  his  certificate  of  registration. 

Any  person  who  has  registered  and  whose  certificate  of  regis- 
tration has  been  lost  or  otherwise  destroyed,  after  the  registra- 
tion books  containing  his  registration  Jiave  been  filed  with  the 
clerk  of  the  county  court,  may,  upon  filing  his  affidavit  before 
the  county  court  clerk,  showing  that  fact,  obtain  a  duplicate 
certificate  of  registration,  and  upon  filing  such  an  affidavit  be- 
fore the  county  court  clerk,  it  is  hereby  made  the  duty  of  the 
naid  clerk  to  issue  said  ^certificate,  for  which  he  may  charge  the 
applicant  a  fee  of  fifty  cents,  and  the  said  certificate  shall  entitle 
the  person  named  therein  to  vote  as  if  issued  by  the  officers  of 
registration,  and  for  the  purpose  of  better  enabling  the  officers 
of  registration  to  carry  out  the  provisions  of  this  act,  it  is  here- 
by made  the  duty  of  the  county  court  clerk  to  furnish  with  the 


KENTUCKY  ELECTION  LAWS. 


37 


registration  books,  as  in  this  act  required,  a  sufficient  number 
of  printed  certicates  of  registration  to  meet  the  requirements 
of  this  act,  for  which  he  shall  be  paid  a  reasonable  compensa- 
tion out  of  the  county  levy  of  the  county.  All  laws  and  parts 
of  laws  in  conflict  herewith  are  hereby  repealed.  (Section  as 
amended  by  act  February  11,  19.04.) 

§  1489.  Registration  book — duties  of  county  clerk.  It 
shall  be  the  duty  of  the  county  clerk  of  each  county  contain- 
ing any  city  or  town  of  either  of  said  classes  mentioned  in  sec- 
tion 1486  to  prepare  the  proper  forms,  and  cause  to  be  printed 
two  registration  books  for  each  precinct  in  said  city  or  town. 
In  cities  where  additional  days  are  required  for  registration,  he 
shall  prepare  an  additional  registration  book  for  each  addi- 
tional day,  one  of  which  shall  be  kept  in  his  office,  to  be  used 
as  provided  in  section  1494,  and  the  other  furnished  to  the 
clerks  of  registration  and  election  before  each  registration  or 
election  day,  as  hereinafter  provided.  Said  books  shall  be  so 
arranged  as  that  the  names  of  voters  may  be  registered  alpha- 
betically, and  shall  be  ruled  and  headed  as  follows:  (See  sec. 
1555  as  to  registering  party  affiliation.) 


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§  1490.  Time  of  registration — Details — Additional  days. 
The  officers  of  registration  shall  attend  at  the  voting  places  of 
their  respective  precincts  on  the  first  Tuesday  in  October,  in 
each  year,  from  the  hours  of  six  in  the  morning  until  nine  in 
the  evening,  ajnd  on  such  other  days  as  the  city  councils  of  said 
cities  may  deem  necessary  and  provide  for  by  ordinance:  Pro- 
vided, hoivever,  That  the  last  day  of  registration  shall  be  fixed 
by  said  ordinance  not  later  than  the  third  Tuesday  in  October, 
and  shall  record  in  the  registration  book,  which  shall  be  fur- 


38  KENTUCKY  ELECTION  LAWS. 

nished  by  the  county  clerk  to  each  registration  clerk,  a  list  of 
such  qualified  voters  of  the  precinct  and  ward  as  may  apply  for 
registration.  Said  list  of  voters  shall  be  in  alphabetical  order 
(the  number  of  the  precinct  and  the  number  of  the  ward,  if  the 
city  be  warded  off),  the  name  of  the  street  or  alley,  and  number 
of  house,  lodging  or  tenement  in  which  he  lives,  and  whether 
he  be  white  or  colored,  and  if  said  house,  lodging  or  tenement 
be  not  numbered,  the  location  thereof  shall  be  described  in  the 
registration  book  as  accurately  as  is  practicable,  giving  the  street, 
and  between  what  streets.  No  person  shall  be  registered  who 
does  not  personally  appear  before  the  officers  of  registration; 
and  if  he  be  not  personally  known  to  one  of  the  officers,  or  if 
any  bystanders  shall  demand  it,  he  shall  be  sworn  by  one  of  the 
officers  and  interrogated  by  him  or  by  such  bystanders  touching 
his  qualifications  as  provided  by  law.  Opposite  the  name  of 
each  person  so  sworn  the  clerk  shall  write  the  word  "sworn," 
which  entry  shall  be  prima  facie  evidence  of  such  swearing  in 
any  prosecution  under  this  law.  Said  registration  in  October 
shall  be  known  as  the  general  registration,  and  any  person  then 
registered  may  vote  at  all  elections  until  the  next  general  regis- 
tration, unless  he  becomes  disqualified  after  registering.  Every 
person  shall  be  entitled  to  be  registered  who  would  be  entitled 
to  vote  at  the  next  succeeding  November  election,  as  now  pro- 
vided by  law.  (Sec.  as  amended  ~by  act  of  March  15,  1894.) 

§  1491.  Additional  registration — expense  of.  "Where  any 
city  shall  provide  for  additional  registration  day  or  days,  said 
city  shall  pay  all  expenses  of  same,  at  the  same  rate  as  provided 
for  herein  by  the  county. 

§  1492.  Alien  may  register — rights  after  registration.  Any 
alien  possessing  all  the  qualifications  of  a  voter  named  in  sec- 
tion 1439  of  article  one  of  this  chapter,  except  citizenship,  shall 
be  entitled  to  be  registered;  but  the  clerk  shall  write  opposite 
to  his  name,  in  the  column  headed  "Remarks,"  the  words 
"Not  naturalized,"  and  such  alien  will  not  be  entitled  to  vote, 
at  any  election  held  under  that  registration,  unless  he  shall 
produce  to  the  officers  of  election  his  naturalization  papers  in 
due  form  of  law. 

§  1493.  Duties  of  respective  officers.  In  making  the  regis- 
tration, the  clerk  shall  act  as  the  recording  officer,  and  the 


KENTUCKY  ELECTION  LAWS.  39 

judges  shall  decide  all  questions  relating  to  the  qualifications 
of  persons  offering  to  be  registered,  except  that,  in  case  of  a 
difference  of  opinion  between  the  judges,  the  clerk  shall  have 
the  casting  vote.  It  shall  be  the  duty  of  the  clerk  to  number, 
consecutively,  the  names  recorded  under  each  letter  of  the  al- 
phabet as  they  are  taken  down;  and  at  the  close  of  the  regis- 
tration each  day  he  shall  sign  his  name  as  clerk  after  the  last 
name  recorded  under  each  letter,  as  aforesaid,  in  such  manner 
as  that  no  more  names  can  be  recorded  above  his,  and  shall 
foot  up  and  certify,  in  the  back  of  the  registration  book,  the 
whole  number  of  names  recorded  at  that  registration  on  said 
day,  and  this  certificate  shall  be  signed  by  all  the  officers  of 
registration  before  leaving  the  place  of  registration,  and  in  the 
presence  of  bystanders,  any  two  of  whom  may,  if  they  desire, 
sign  their  names  as  witnesses  thereto.  In  addition  to  the  re- 
quirements above,  the  clerk  shall  sign  his  name,  as  such  clerk, 
at  the  foot  of  each  page. 

§  1494.  Custody  of  registration  books — copies.  On  the  day 
following  the  close  of  each  registration  day  each  clerk  shall  de- 
liver the  registration  book  into  the  hands  of  the  clerk  of  the 
county  court,  or  one  of  his  deputies,  and  shall  take  his  receipt 
therefor.  It  shall  be  the  duty  of  such  county  clerk  to  keep 
said  books  safely  in  his  office;  and  not  to  suffer  the  same  to  be 
taken  therefrom  except  as  provided  herein.  When  additional 
registration  days  are  provided  in  any  city,  a  new  registration 
book  shall  be  furnished  by  the  county  clerk  for  each  and  every 
day  of  such  registration,  and  on  return  to  him  he  shall  copy 
the  same  in  his  blank  book  as  soon  as  returned,  marking  dis- 
tinctly each  day's  registration.  He  shall  also  cause  to  be  made 
one  copy  of  each  registration  book  in  the  blank  book  retained 
by  him,  as  provided  in  section  1489  of  this  article,  which  shall 
be  kept  in  his  office,  and  not  to  be  taken  therefrom  for  any  pur- 
pose. In  case  of  loss  of  any  registration  book  a  copy  shall  be 
made  by  the  county  clerk  from  the  copy  retained  in  his  office, 
which  copy  shall  be  used  in  registrations  and  elections  with  the 
same  effect  as  the  original.  The  clerk  shall  permit  any  citi- 
zen at  any  time  to  copy  any  registration  book  without  fee  or 
charge,  and  he  shall  also  furnish  copies  at  the  same  rate  as 
provided  in  section  1506  for  copying  the  book  kept  in  his  of- 


40  KENTUCKY  ELECTION  LAWS. 

fice.     Copies  furnished   to  citizens  under  this  section  shall  be 
paid  for  in  cash  by  the  person  ordering  them. 

§  1495.  Special  registration — election  ordered.  When  an 
election  or  vote  is  ordered  to  be  held  or  taken  in  any  county 
containing  any  city  or  town  belonging  to  either  of  said  classes, 
at  any  other  time  than  the  regular  November  election,  then  the 
county  judge,  or  other  officer  so  ordering  said  election  or  vote, 
shall,  at  the  same  time,  fix  a  day  for  the  registration  of  those 
persons  entitled  to  vote  thereat  whose  names  have  not  been  re- 
corded on  the  registration  books  of  that  year,  and  shall  require 
the  same  to  be  published  in  like  manner  as  the  time  and  place 
of  said  election  or  vote  are  required  to  be  published.  Regis- 
trations under  this  section  shall  be  known  as  Special  Registra- 
tions, and  any  person  so  registered  shall  be  entitled  to  vote  at 
all  elections  held  prior  to  the  next  general  registration.  Reg- 
istrations prior  to  special  elections  shall  be  held  not  less  than 
five  days  prior  to  the  election. 

§  1496.  Special  registration — duty  of  clerk  and  officers. 
On  the  day  prior  to  each  registration  provided  for  in  the  previ- 
ous section,  the  county  clerk  shall  deliver  to  the  registration 
clerks  the  registration  books  for  their  several  precincts;  and  on 
the  day  of  such  registration,  the  registration  officers  shall  at- 
tend at  their  several  places  of  registration,  and  shall  register 
the  names  of  all  persons  appearing  before  them  who  may  be 
entitled  to  vote  at  the  election  for  which  the  registration  is 
held,  and  whose  names  are  not  already  on  the  registry  for  that 
year.  The  names  shall  be  recorded  immediately  following  the 
names  recorded  at  the  previous  registration,  and  the  registra- 
tion shall  be  conducted  and  the  books  returned  as  provided  in 
sections  1493  and  1494  of  this  article.  Immediately  after  the 
books  are  so  returned,  the  county  clerk  shall  cause  the  names 
recorded  at  that  registration  to  be  copied  into  the  book  retained 
in  his  office,  as  provided  in  section  1494  herein. 

§  1496a.  Special  registration  of  State  and  Federal  officials, 
ministers  and  commercial  travelers — soldiers  and  sailors  includ- 
ed. (1.)  Any  otherwise  qualified  voter  being  an  officer  or  em- 
ploye of  the  United  States,  or  of  the  Commonwealth  of  Kentucky, 
regularly  ordained  minister  of  the  Gospel  and  bona  fide  commer- 
cial traveler,  may  appear  before  the  county  court  clerk  of  the 


KENTUCKY  ELECTION  LAWS.  41 

county  of  his  residence  on  the  day  immediately  preceding  or  day 
of  any  primary  or  general  election,  and  upon  making  oath  or  affi- 
davit (either  of  which  the  clerk,  in  his  discretion,  may  require) 
to  the  effect  that  he  was  absent  from  his  place  of  residence  on 
all  general  or  special  registration  days  previously  held  during 
the  current  year,  and  that  his  absence  was  due  to  or  by  reason 
of  duties  pertaining  to  such  officership  or  employment  in  or  by 
the  United  States  or  this  Commonwealth,  or  his  duties  as  a  min- 
ister; whereupon  the  clerk  shall  register  said  voter  and  deliver 
to  him  a  registration  certificate  which  shall  be  valid  until  the 
next  succeeding  general  registration  provided  by  law. 

§  1496a.  (2.)  Such  special  registration  shall  be  made  by 
the  clerk  without  fee  or  charge,  and  if  the  registration  be  on  the 
day  immediately  preceding  the  election,  the  clerk  shall  enter  the 
voter's  name  in  the  appropriate  place  on  the  registration  book. 
If  the  registration  be  on  the  day  of  election,  the  clerk  of  the 
election  shall,  upon  presentation  of  the  certificate  aforesaid 
enter  the  name  of  the  voter  in  its  appropriate  place  on  said  reg- 
istration book. 

§  1496&.  (3.)  Soldiers  and  sailors  entitled  to  these  benefits. 
The  benefits  of  this  law  shall  be  held  to  extend  to  all  soldiers 
and  sailors  who  are  at  the  time  of  an  election  otherwise  quali- 
fied voters  in  the  Commonwealth  of  Kentucky. 

§  1496&.  (4.)  Any  person  making  false  oath  or  affidavit 
•inder  this  act  shall  be  deemed  guilty  of  and  may  be  punished 
for  false  swearing  as  now  provided  by  law. 

§  14960.  (5.)  Chapter  68,  Session  Acts  1912,  now  em- 
bodied in  section  1496a,  Kentucky  Statutes,  1915,  and  all  laws 
in  conflict  herewith  are  hereby  repealed. 

§  1497.  Removal  from  precinct — certificate  and  re-regis- 
•  ration.  Any  person  removing  from  one  precinct  to  another,  af- 
ter having  registered  for  that  year,  may  apply  to  the  clerk  of 
registration  of  the  precinct  from  which  he  removes,  on  a  reg- 
istration day,  and  have  his  name  canceled  off  by  writing  op- 
posite to  it  the  word  "Removed,"  and  thereupon  said  clerk 
shall  give  him  a  certificate  in  the  following  form: 

This  is  to  certify  that has  removed  from  the 

precinct,   ward,   to   the  precinct,   ward, 

and  that  his  registration  has  been  canceled. 

(Signed)  ..  Clerk. 


42  KENTUCKY  ELECTION  LAWS. 

Upon  presenting  said  certificate  to  the  officers  of  registration 
of  the  precinct  to  which  he  has  removed,  he  shall  be  entitled 
to  be  there  registered  if  he  possesses  the  other  qualifications 
named  in  section  1490  of  this  article;  and  no  person  so  remov- 
ing, after  being  registered,  shall  be  registered  in  another  pre- 
cinct without  the  production  of  such  a  certificate. 

§  1498.  Absence  or  sickness  during  time  for  registration — 
registration  by  affidavit.  Any  person  entitled  to  register  who 
was  necessarily  absent  from  the  city  of  his  residence  during 
the  days  allowed  for  registration  herein,  or  who  was  ill  during 
said  time,  or  who  was  unable  to  attend  the  place  of  registration 
on  account  of  sickness  of  some  named  member  of  his  family, 
may  have  his  name  placed  upon  the  registry  for  the  precinct 
in  which  he  lives,  by  attending  the  county  clerk's  office  at  the 
time  specified  in  the  next  section,  and  making  the  affidavit  be- 
fore the  clerk  showing  the  facts  required  to  be  stated  in  the  reg- 
istry by  section  1489  herein,  and  showing  the  absence  or  sick- 
ness referred  to  above. 

§  1499.  County  clerk  to  register  persons — duties  of  clerk — 
challenges.  On  Monday,  Tuesday  and  "Wednesday  preceding 
the  November  election  in  each  year  such  county  clerk  shall 
receive  in  a  bound  book,  to  be  kept  by  him  for  that  purpose, 
the  affidavits  provided  in  the  preceding  section,  and  shall  place 
the  names  of  persons  making  such  affidavits  upon  the  proper 
registration  book,  and  shall  write  his  name  as  clerk  and  date 
of  registry,  after  the  name  of  the  person  so  registered^  in  the 
column  headed  "Remarks."  Any  person  present  in  the  county 
clerk's  office  may  challenge  the  right  of  any  voter  to  register 
under  this  section,  and  thereupon  the  county  clerk  shall  examine 
such  voter  and  any  witness  who  may  be  offered,  under  oath, 
and  shall  hear  and  determine  the  question  of  his  right  to  register. 
The  duties  herein  imposed  upon  the  county  clerk  may  be  per- 
formed by  .his  deputy,  and  he  or  his  deputy  may  administer 
oaths  under  this  law. 

•  §  1500.  Penalty  for  false  registration  by  clerk.  Any 
county  clerk,  or  deputy  thereof,  who  falsely  or  fraudulently 
registers  the  name  of  any  person,  knowing  that  such  person  is 
'not  entitled  to  be  registered,  or  who  registers  a  name  at  a  time 
other  than  that  provided  in  this  article,  shall,  on  indictment, 


KENTUCKY  ELECTION  LAWS.  43 

be  deemed  guilty  of  a  felony,  and  punished  by  confinement  in 
the  "penitentiary  not  less  than  one  nor  more  than  five  years. 

§  1501.  County  court  may  strike  name  from  register — no- 
tice-^making  name  "doubtful."  Any  voter  may,  by  giving 
five  days'  notice,  in  writing,  to  any  person  whose  name  has 
been  registered,  move  the  county  court  to  strike  his  name  from 
the  register,  and  both  parties  may  introduce  witnesses,  not  ex- 
ceeding two  in  number,  on  each  side.  Said  notice  must  be 
served  personally.  If,  at  the  hearing,  the  court  shall  be  of  the 
opinion  that  the  person  registered  is  not  lawfully  entitled  to 
register,  it  shall  direct  the  clerk  to  strike  his  name  from  the 
register,  by  inserting  opposite  to  it  the  words :  ' l  Stricken  off  by 
order  of  the  county  court."  If  the  person  upon  whom  notice 
is  attempted  to  be  served  can  not  be  found,  the  clerk  shall  write 
opposite  such  name,  on  the  registration  book,  the  word  "  doubt- 
ful," and  when,  at  an  election,  such  person,  whose  name  is 
marked  "doubtful,"  shall  offer  to  vote,  he  shall  be  sworn,  and 
his  right  to  vote  investigated  fully. 

§  1502.  Delivery  of  registration  and  stub  and  ballot  books 
to  election  officers.  On  the  day  previous  to  the  November 
election  in  each  year,  and  on  the  juridical  day  previous  to 
every  election  to  be  held,  or  vote  of  the  people  to  be  taken,  in 
any  county  containing  city  or  town  belonging  to  either  of  said 
classes  mentioned  in  section  1486  herein,  the  county  clerks 
shall  deliver  to  the  clerks  of  election  the  registration  books  for 
their  several  precincts,  together  with  the  book  of  stubs  and  bal- 
lots, and  furnish  sample  ballots  and  cards  of  instruction,  all  of 
which  shall  be  produced  by  said  clerks  at  their  several  precincts 
when  the  polls  are  opened  on  the  day  of  election.  No  vote 
shall  be  received  by  the  officers  of  election  in  any  city  or  town 
belonging  to  either  of  said  classes,  unless  the  name  of  the  per- 
son offering  the  vote  is  on  the  registry  herein  provided.  The 
officers  of  election  shall,  when  a  vote  is  cast,  mark  opposite  to 
the  name  of  the  person  voting,  in  the  column  of  the  registra- 
tion book  provided  for  that  election,  the  word  "Voted,"  and  at 
the  close  of  the  election,  and  before  closing  or  leaving  the  vot- 
ing place,  shall  mark  opposite  the  name  of  each  person  who  has 
not  voted  at  that  election  the  words  "Not  xoted."  The  regis- 


44  KENTUCKY  ELECTION  LAWS. 

tration  book  shall  be  returned  to  the  county  clerk  by  the  clerk 
of  the  election  the  day  next  succeeding  the  election. 

§  1503.  Penalty  for  illegal  or  double  registration.  Any 
person  who  shall  cause  himself  to  be  registered  in  more  than 
one  election  precinct  [or  give  a  false  number  of  the  ward  of 
his  residence],  otherwise  than  is  provided  in  section  1497  of 
this  article,  or  more  than  once  in  the  same  precinct,  or  who 
shall  cause  himself  to  be  registered,  knowing  that  he  is  not  law- 
fully entitled  to  registration,  and  any  person  who  shall  aid  or 
abet  in  the  commission  of  any  of  said  acts,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  imprisoned  in  the  county 
jail  not  less  than  one  nor  more  than  twelve  months. 

§  1504  Penalty  for  altering,  secreting  or  destroying  regis- 
tration books.  Any  officer  of  registration,  or  other  person,  who 
shall  unlawfully  alter  any  registration  book,  or  add  any  name 
thereto,  or  who  shall  willfully  secrete,  suppress  or  destroy  any 
such  book,  or  who  shall  make  or  aid  in  making  any  false  or 
fraudulent  registration  book,  shall  be  deemed  guilty  of  felony, 
and  shall  be  confined  in  the  penitentiary  not  less  than  one  nor 
more  than  five  years,  and  shall  forfeit  any  office  he  then  holds, 
and  shall  forever  be  disqualified  from  holding  office. 

§  1505.  Penalty  for  forcibly  interfering  ivith  registration. 
Any  person  who,  by  himself  or  in  aid  of  others,  shall  forcibly 
break  or  atempt  to  break  up  a  registration  held  as  provided  in 
this  article,  or  shall  forcibly  prevent,  or  attempt  to  prevent,  any 
person  from  approaching  or  entering  a  place  of  registration  for 
the  purpose  of  registering,  shall  be  fined  not  less  than  one  hun- 
dred nor  more  than  five  hundred  dollars,  or  imprisoned  not  less 
than  six  nor  more  than  twelve  months  in  the  county  jail,  or 
both. 

§  1506.  Compensation  of  registration  officers  and  county 
clerk.  Officers  of  registration  shall  receive  two  dollars  per  day 
for  each  day  employed  in  attending  at  the  place  of  registration. 
The  county  clerk,  for  his  services  under  this  article,  shall  re- 
ceive the  following  fees,  and  no  other:  For  copying  the  regis- 
try lists  required  to  be  kept  in  his  office,  or  to  be  used  in  sup- 
plying lost  books,  the  sum  of  two  cents  for  each  voter  whose 
name  is  so  copied ;  for  his  services  under  section  1501,  the  sum 
of  ten  cents  for  the  name  of  each  voter 'stricken  off  the  lists, 


KENTUCKY  ELECTION  LAWS.  45 

and  a  like  sum  for  each  name  registered  by  him  under  section 
1499.  All  fees  and  expenses  incurred  under  this  article  shall 
be  paid  as  other  election  expenses. 

ARTICLE  VI. 
Time  of  Holding  Elections. 

§  1514.  Presidential  electors.  The  election  of  electors  of 
President  and  Vice  President  shall  be  held  on  the  Tuesday 
next  after  the  first  Monday  in  November,  one  thousand  eight 
hundred  and  ninety-two,  and  on  the  same  day  in  every  fourth 
year  thereafter;  but  the  Governor  may,  by  his  proclamation, 
appoint  the  same  day  in  any  other  year,  pursuant  to  the  act  of 
Congress,  for  holding  the  election,  in  the  event  of  a  vacancy  in 
the  offices  of  President  and  Vice  President.  (Con.,  sec.  148.) 

§  1515.  Congressional.  The  election  of  representatives  in 
Congress  shall  be  held  on  the  Tuesday  next  after  the  first  Mon- 
day in  November,  one  thousand  eight  hundred  and  ninety-two, 
and  on  the  same  day  in  every  second  year  thereafter.  (Con., 
sec.  148.) 

§  1516.  State  officers.  The  election  for  Governor,  Lieu- 
tenant-Governor, Treasurer,  Auditor  of  Public  Accounts,  Reg- 
ister of  the  Land  Office,  Attorney  General,  Secretary  of  State, 
Superintendent  of  Public  Instruction,  and  Commissioner  of 
Agriculture,  Labor  and  Statistics  shall  be  held  on  the  first 
Tuesday  after  the  first  Monday  in  November,  one  thousand 
eight  hundred  and  ninety-five,  and  the  same  day  every  four 
years  thereafter.  (Con.,  sec.  148.) 

§  1517.  Clerk  of  Court  of  Appeals.  At  the  annual  election 
in  the  year  one  thousand  eight  hundred  and  ninety-seven  there 
shall ibe  elected  by  the  qualified  voters  of  the  State  a  clerk  of  the 
Court  of  Appeals,  who  shall  take  his  office  the  first  Monday  in 
September,  one  thousand  eight  hundred  and  ninety-eight,  and 
shall  hold  his  office  until  the  regular  election  in  one  thousand 
nine  hundred  and  three;  and  on  the  same  day  every  four  years 
thereafter  an  election  shall  be  held  for  the  clerk  of  the  Court  of 
Appeals.  (Con.,  sec.  148.) 

§  1518.  Circuit  judge — Commonwealth's  attorney — Circuit 
court  clerk.  At  the  general  election  in  one  thousand  eight 


46  KENTUCKY  ELECTION  LAWS. 

hundred  and  ninety-two,  there  shall  be  elected  in  each  circuit 
court  district  a  judge  thereof,  and  a  Commonwealth's  attorney, 
and  in  each  county  a  clerk  of  the  circuit  court,  who  shall  enter 
upon  the  discharge  of  the  duties  of  their  respective  offices  on 
the  first  Monday  in  January  after  their  election,  and  shall  hold 
their  offices  five  years,  and  until  their  successors  are  elected  and 
qualified.  An  election  shall  be  held  in  each  county,  in  each 
circuit  court  district,  for  a  circuit  court  judge,  Commonwealth's 
attorney  and  circuit  court  clerk,  on  the  first  Tuesday  after  the 
first  Monday  in  November,  in  the  year  one  thousand  eight  hun- 
dred and  ninety-seven,  and  on  the  same  day  every  six  years 
thereafter.  (Con.,  sec.  148.) 

§  1519.  County  officers — justices  of  peace — constables.  An 
election  shall  be  held  in  each  county  on  the  first  Tuesday  af- 
ter the  first  Monday  in  November,  one  thousand  eight  hundred 
and  ninety-four,  for  judge  of  the  county  court,  county  court 
clerk,  county  attorney,  sheriff,  county  superintendent  of  com- 
mon schools,  members  of  the  fiscal  court,  jailer,  coroner,  sur- 
veyor and  assessor,  and  in  each  justice's  district  for  one  justice 
of  the  peace  and  one  constable,  who  shall  hold  their  respective 
offices  for  the  period  of  three  years,  and  until  the  election  and 
qualification  of  their  successors;  and  in  eighteen  hundred  and 
ninety-seven,  and  every  four  years  thereafter,  there  shall  be 
held  an  election  in  each  county  for  the  officers  herein  men- 
tioned. The  first  election  for  sheriff  shall  be  held  in  each  county 
at  the  regular  election  in  one  thousand  eight  hundred  and 
ninety-two,  and  the  sheriffs  elected  at  this  time  shall  hold  their 
respective  offices  for  the  period  of  two  years,  and  until  the  elec- 
tion and  qualification  of  their  respective  successors.  (Con., 
sec.  148.) 

§  1520.  Officers  not  otherwise  provided  for.  The  election 
of  all  other  officers  not  otherwise  provided  for  shall  be  held  on 
the  first  Tuesday  after  the  first  Monday  in  November,  and 
thereafter  on  the  same  day  of  each  year  as  the  terms  of  office 
regularly  expire.  (Con.,  sec.  148.) 


KENTUCKY  ELECTION  LAWS.  47 

ARTICLE  Via. 

Absent  Voters. 

§  1520&.  (1.)  Absent  voter — Defined.  For  the  purpose 
of  this  act  the  term  li absent  voter"  shall  mean  any  qualified 
elector  or  voter  who  is  unavoidably,  or  who  is  by  reason  of  his 
employment  by  the  Government  of  the  United  States  or  Com- 
monwealth of  Kentucky,  or  by  reason  of  being  a  member  of  the 
United  States  army  or  navy  or  of  the  Kentucky  State  Guards, 
is  absent  from  the  county  in  which  is  situate  his  voting  precinct 
or  ward  on  any  general  election  day:  Provided,  That  if  such 
elector  or  voter  comes  within  the  purview  of  section  1486,  Ken- 
tucky Statutes  (Carroll's  edition,  1915),  he  shall  have  regis- 
tered pursuant  to  the  registration  laws  of  this  State  now  in  force, 
or  in  accord  with  the  provisions  of  this  act. 

§  1520&  (2.)  Registration — " Absent  voter."  Any  elector 
or  voter  who  is  required  by  section  1486,  Kentucky  Statutes 
(Carroll's  edition,  1915),  to  register,  and  who  is  unavoidably  or 
who  is  required  by  his  regular  business  or  occupation  or  his 
habitual  duties  to  be  and  is  absent  from  the  county  in  which  is 
situate  his  registering  precinct  or  ward  on  any  general  registra- 
tion day,  may,  at  any  time  not  less  than  ten  days  before  any 
general  election  day,  register  his  name  with  the  clerk  of  the 
county  of  his  residence,  who  shall  issue  him  a  certificate  per- 
mitting him  to  vote  in  the  manner  hereinafter  provided  in  any 
general  election  held  in  this  State  prior  to  the  next  general  reg- 
istration day. 

The  elector  or  voter  shall  make  a  written  application  for 
such  certificate  to  the  clerk  of  the  county  of  his  residence.  Such 
written  application  shall  show  the  name,  age,  residence  and  vot- 
ing precinct  or  ward  of  the  applicant  and  that  he  is  qualified  to 
vote  in  such  precinct  or  ward  in  all  general  elections  that  may 
be  legally  held  therein,  the  name  of  the  political  party  with 
which  he  affiliates,  and  that  he  was  unavoidably  or  that  his 
regular  business  or  occupation  or  his  habitual  duties  required 
him  to  be  absent  from  his  registration  precinct  or  ward  on  the 
last  general  registration  held  in  his  said  precenct  or  ward.  Said 
application  shall  be  signed  by .  the  applicant  and  sworn  to  by 
him  before  a  civil  officer  authorized  by  law  to  administer  an 


48  KENTUCKY  ELECTION  LAWS. 

oath,  provided  that  if  such  elector  or  voter  is  in  the  military  or 
naval  service  of  the  Commonwealth  of  Kentucky  or  the  United 
States,  he  may  swear  to  said  application  before  any  commis- 
sioned military  or  naval  officer  of  the  Commonwealth  of  Ken- 
tucky or  the  United  States  who  is  his  superior. 

The  Secretary  of  State  of  Kentucky  shall  prepare,  and 
within  twenty  days  after  this  law  goes  into  effect  and  thereafter 
upon  demand  and  requisition  made  by  the  clerks  of  the  counties 
of  this  State,  deliver  to  them  a  book  of  registration  certificates, 
prepared  in  accord  with  this  section,  and  which  shall  be  dupli- 
cated on  a  stub  attached  thereto ;  and  the  county  court  clerk, 
when  he  makes  out  a  registration  certificate  for  an  elector  or 
voter,  shall  duplicate  it  on  such  stub,  and  the  stub  book  showing 
that  said  elector  or 'voter  has  registered,  shall  in  all  cases  be 
taken  as  a  full,  complete  and  sufficient  registration  for  the  pur- 
pose of  voting  under  the  provisions  of  this  act:  Provided,  how- 
ever, That  the  right  of  such  elector  or  voter  to  register  may  be 
inquired  into  under,  and  proceedings  had  thereon,  and  his  right 
to  register  decided  in  pursuance  of  section  1501,  Kentucky  Stat- 
utes (Carroll's  edition,  1915).  And  the  clerk  shall,  before  the 
registration  books  are  delivered  to  the  precinct  or  ward  elec- 
tion officers  of  any  general  election,  enter  on  the  registration 
books  of  the  respective  precincts  or  wards  of  such  electors  or 
voters,  the  names  of  such  electors  or  voters  to  whom  he  has  given 
such  certificates,  following  each  name  with  the  words  "absent 
voter. ' ' 

The  registration  applications  herein  provided  for  shall  be 
preserved  by  the  clerk  until  the  next  general  registration  day 
when  they  shall  be  burned  by  him  in  the  presence  of  the  judge 
and  sheriff  of  his  county. 

§  1520a  (3.)  Right  to  vote.  A  qualified  elector  or  voter 
who  is  required  by  section  1486,  Kentucky  Statutes  (Carroll's 
edition,  1915),  to  register  and  who  has  registered  pursuant  to 
the  provisions  of  section  7  of  this  act  and  who  is  in  the  county 
wherein  is  situated  his  voting  precinct  or  ward,  on  a  general 
election  day,  may  vote  in  such  election  by  casting  his  vote  in 
person  and  not  otherwise.  But  an  "absent  voter"  is  hereby 
vested  with  the  power  to  exercise  the  right  of  suffrage  and  vote 


KENTUCKY  ELECTION  LAWS.  49 

in  all  general  elections  held  in  his  precinct  or  ward,  provided 
he  complies  substantially  with  the  provisions  of  this  act. 

§  1520a.  (4.)  Application  for  ballot.  An  " absent  voter" 
who  desires  to  vote  in  a  general  election  held  in  his  residence  pre- 
cinct or  ward,  shall  make,  nor  more  than  sixty  days  before  the 
day  on  which  such  general  election  is  held,  a  written  application 
to  the  clerk  of  the  county  of  his  residence,  for  an  official  ballot 
prepared  for  and  to  be  voted  at  such  general  election.  Such  ap- 
plication shall  give  the  address  to  which  the  ballot  is  to  be 
mailed,  and  shall  be  accompanied  by  the  postage  necessary  to  be 
used  in  forwarding  the  ballot  to  the  "absent  voter"  at  such  ad- 
dress. 

The  application  shall  be  signed  and  sworn  to  by  the  "absent 
voter"  before  a  civil  officer  authorized  by  law  to  administer  an 
oath,  provided  that  if  such  "absent  voter"  is  in  the  military  or 
naval  service  of  the  Commonwealth  of  Kentucky  or  the  United 
States,  he  may  swear  to  said  application  before  any  commissioned 
military  or  naval  officer  of  the  Commonwealth  of  Kentucky  or 
the  United  States,  who  is  his  superior.  Said  application  shall 
be  substantially  in  the  following  form : 
State  of 

County  of „ Set. 

' '  I, „ , - ,  state  that  I  am  a  res- 
ident of  the  State  of  Kentucky  and  have  been  such  for  at  least 

one  year  prior   to  the  date  hereof.    I  am  a  resident  of 

county,  and  have  been  such  for  more  than  six  months  prior  to 

said  date,  and  am  a  resident  of —  precinct  of  said 

county  (or -.ward  of  the  city  of ,  connty  ojj 

)  at  least  sixty  days  prior  to  said  date;  that  I  am 

a  duly  qualified  voter  of  said  precinct  (or  said  ward)  ;  that  I 
will  be  unavoidably,  or  my  regular  business  or  ocupation  or 
my  habitual  duties  will  require  me  to  be  absent  from  said  pre- 
cinct or  ward  on  the  general  election  to  be  held  in  said  precinct 

or  ward  on  the  day  of _ 19 ,  and  I  will 

not  vote  elsewhere  at  said  election. 

"I  enclose  herewith  $ for  return  postage  and  call  for 

an  official  ballot  to  be  mailed  to  me  at  the  following  address : 


50  KENTUCKY  ELECTION  LAWS. 

"Subscribed  and  sworn  to  before  me  this day  of 

,  19 


(Official  title.) 

§  1520a.  (5.)  Ballot — When  and  how  forwarded.  The  clerk 
of  the  county  to  whom  such  application  is  made  shall,  when  he 
receives  such  application  from  an  "absent  voter,"  and  after 
the  official  ballot  has  been  completed  and  is  printed,  commence 
with  ballot  No.  1,  of  the  respective  residence  precincts  or  wards 
of  such  "absent  voter"  and  continue  consecutively  as  to  numbers 
until  the  names  of  all  such  "absent  voters"  have  been  used, 
write  the  names  and  addresses  of  such  "absent  voters"  on  the 
stubs  of  such  ballots  and  across  such  stubs  the  words  "absent 
voter,"  at  once  send  by  registered  mail,  postage  prepaid,  to  the 
address  given  by  the  "absent  voter,"  the  official  ballot  to  be 
used  for  voting  at  the  next  general  election  held  after  the  re- 
ceipt of  such  application,  which  shall  correspond  in  num- 
ber with  the  stub  on  which  such  "absent  voter's"  name  is  writ- 
ten, together  with  two  official  envelopes  for  returning  the  bal- 
lot by  the  "absent  voter"  to  him. 

One  of  said  envelopes  shall  be  marked  No.  1,  and  have  writ- 
ten across  it  ' '  absent  voter 's  ballot, ' '  and  shall  bear  the  address 
arid  official  title  of  the  clerk  sending  the  same  to  the  "absent 
voter,"  and  which  envelope  shall  be  used  by  the  "absent  voter" 
as  the  outer  envelope,  and  as  in  section  11  hereof  directed.  The 
other  envelope  shall  be  marked  No.  2,  and  on  the  face  thereof 
the  "absent  voter"  shall  make  and  sign  an  affidavit,  which  shall 
be  substantially  in  the  following  form,  viz. : 
State  of 

County  of ,  Set. 

I, ,  state  that  I  am  a  res- 
ident of  the  State  of  Kentucky  and  have  been  such  for  at  least 

one  year  prior  to  the  date  hereof.    I  am  a  resident  of _.. 

county  and  have  been  such  for  more  than  six  months  prior  to 

said  date,  and  am  a  resident  of  precinct  of 

said  county  (or ward  of  the  city  of 

county  of )   at  least  sixty  days  prior  to 

said  date;  that  I  am  a  duly  qualified  voter  of  said  precinct  (or 
said  ward)  :  that  I  will  be  unavoidably,  or  my  regular  business 


KENTUCKY  ELECTION  LAWS.  .     51 

or  occupation  or  my  habitual  duties  will  require    me  to  be  ab- 
sent from  said  precinct  or  ward  on  the  general  election  to  be  held 

in  said  precinct  or  ward  on  the day  of , 

19 ,  and  I  will  not  vote  elsewhere  at  said  election. 


Subscribed  and  sworn  to  before  me  this  day  of 

,  19 


(Official  title.) 

The  fiscal  courts  of  the  counties  of  which  the  ' '  absent  voters ' ' 
are  residents  shall  make  provisions  to  pay  from  the  county 
funds  the  expenses  incurred  for  stationery  and  printing  neces- 
sary to  carry  into  effect  the  provisions  of  this  section. 

§  1520a.  (6.)  Preparation  of  ballot  ~by  "absent  voter." 
When  the  " absent  voter"  receives  such  ballot  and  said  two 
envelopes  he  shall  go  before  some  civil  officer  authorized  by  law 
to  administer  an  oath  and  before  him  make  and  subscribe  to 
the  affidavit  on  the  face  of  envelope  No.  2;  and  shall,  in  the 
presence  of  such  officer  and  no  one  else,  mark  the  ballot  so  as 
to  indicate  the  way  he  desires  to  vote,  but  in  such  manner  as  to 
prevent  the  officer  from  knowing  how  the  ballot  is  marked  or  how 
he  has  voted ;  he  shall  then  and  while  in  the  presence  of  the  of- 
ficer, fold  the  ballot  in  such  'way  as  to  conceal  the  markings 
made  thereon  by  him,  and  after  the  ballot  has  been  so  folded,  he 
will  enclose  it  in  envelope  No.  2  and  seal  said  envelope  and  then 
enclose  it  in  envelope  No.  1,  then  seal  and  write  his  name  across 
t].  e  face  of  that  envelope,  and  at  once  affix  the  necessary  postage 
thereto  and  mail  it:  Provided,  That  if  such  "absent  voter"  is 
in  the  military  or  naval  service  of  the  Commonwealth  of  Ken- 
tucky or  the  United  States,  he  may  do  the  things  herein  required 
to  be  done  instead  of  before  a  civil  officer,  before  any  commis- 
sioned military  or  naval  officer  of  the  Commonwealth  of  Ken- 
tucky or  the  United  States  who  is  his  superior. 

§  1520&.  (7.)  Ballots — Custody — Delivery  to  election  of- 
ficers. When  the  county  clerk  receives  an  "absent  voter's" 
ballot,  he  shall  at  once  endorse  on  the  envelopes  Nos.  1  and  2, 
the  day  and  hour  he  received  the  same,  and  all  such  ballots  re- 
ceived by  him  before  the  day  on  which  a  general  election  is  held 
at  which  said  ballot  is  to  be  voted,  shall  be  transmitted  by  him 


52  KENTUCKY  ELECTION  LAWS. 

with  envelope  No.  2  unopened  to  the  general  election  officers  of 
the  precinct  or  ward  in  which  said  "absent  voter"  is  an  elector 
at  the  same  time  the  poll  books  and  ballots  for  such  election  are 
delivered  to  them,  and  all  such  ballots  for  such  election  are  de- 
livered to  them  and  all  such  ballots  received  by  him  on  or  after 
such  general  election  day,  shall  be  kept  by  him  unopened  until 
thirty  days  after  such  election,  when  the  same  shall,  without 
being  opened,  be  burned  by  the  clerk  in  the  presence  of  the  judge 
and  sheriff  of  his  county 

§  15200.  (8.)  Ballots— When  and  hoiv  voted.  The  elec- 
tion officers  of  any  general  election  shall,  while  the  polls  are  open, 
examine  such  "absent  voter's"  ballots  as  have  been  delivered  to 
them.  If,  upon  such  examination,  it  is  found  that  envelopes 
Nos.  1  and  2  are  regular  and  in  form  and  condition  provided  by 
this  act  and  that  envelope  No.  2  has  not  been  opened  but  is 
properly  sealed  and  the  affidavit  on  the  face  thereof  is  regular 
and  in  the  form  provided  by  this  act,  the  clerk  of  such  election 
shall  read  aloud  the  name  of  such  "absent  voter,"  and  after  so 
doing,  he  shall  then  open  envelope  No.  2  and  remove  the  ballot 
therefrom  without  unfolding  it,  and  in  such  way  as  not  to  ex- 
pose the  markings  thereon  or  how  the  "absent  voter'  has  voted. 
He  will  then  write  his  name  on  the  back  thereof  and  after  so 
doing,  place  said  ballot  in  the  regular  ballot  box,  and  shall  write 
on  the  ballot  stub  on  which  the  name  of  such  "absent  voter" 
has  been  written  by  the  clerk,  the  word  "voted."  The  two  en- 
velopes shall  be  preserved  by  the  election  officers  and  treated  in 
the  same  way  as  cast  ballots :  Provided,  That  when  the  name  of 
the  "absent  voter"  is  read  aloud  by  the  clerk  the  vote  of  such 
"absent  voter"  may  be  challenged  and  the  challenge  thereto 
may  be  determined  and  the  vote  accepted  or  rejected  by  the  of- 
ficers of  the  election  as  though  the  voter  were  present  and  voting 
in  person:  Provided,  however,  That  if  such  envelopes  Nos.  1 
and  2  and  the  affidavit  on  the  face  of  envelope  No.  2  are  regu- 
lar, and  substantially  comply  with  the  provisions  of  this  act,  they 
shall  be  considered  as  showing  that  the  "absent  voter"  is 
prima  facie  entitled  to  vote:  Provided,  That  if  the  vote  of  an 
"absent  voter"  is  rejected,  the  clerk  shall  write  on  the  ballot 
stub  on  which  the  name  of  such  "absent  voter"  has  been  written 
by  the  county  clerk,  the  word  "rejected." 


KENTUCKY  ELECTION  LAWS.  53 

§  15200  (9.)  Election  returns.  The  officers  of  a  general 
election  shall,  in  their  election  returns,  state  the  number  of  bal- 
lots shown  by  the  stubs  to  have  been  sent  by  the  county  clerk 
to  the  * '  absent  voters, ' '  the  number  of  such  ballots  voted  and  the 
number  thereof  rejected. 

§  15200.  (10.)  Commissioned  officers  empowered  to  ad- 
minister oaths  and  affirmation.  All  commissioned  military  or 
naval  officers  of  the  Commonwealth  of  Kentucky  or  the  United 
States  are  hereby  authorized  and  empowered  to  administer 
oaths  and  affirmations  for  the  purposes  specified  in  this  act ;  and 
to  every  such  oath  or  affirmation  administered  by  them,  they 
shall  subscribe  their  names  and  attach  their  official  designations, 

§  15200.  (11.)  False  registration  application — Affidavit 
— Penalty.  Any  person  who  willfully  and  knowingly  makes  a 
false  application  for  the  purpose  of  registering  under  the  pro- 
visions of  this  act,  or  a  false  affidavit  for  the  purpose  of  voting 
under  the  provisions  thereof,  when  the  same  is  either  sworn  to 
of  affirmed  by  him,  shall  be  guilty  of  a  felony,  and  upon  convic- 
tion shall  be  confined  in  the  penitentiary  not  less  than  one  nor 
more  than  five  years. 

§  1520a.  (12.)  Failure  to  comply  with  official  duties — 
Penalty.  Any  county  clerk  or  any  election  officer  who  shall 
willfully  refuse  or  neglect  to  perform  and  do  any  of  the  duties 
required  of  him  by  this  act,  or  who  shall  in  any  manner  will- 
fully violate  or  abuse  any  trust  or  duty  imposed  on  him  by  this 
act,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  fined  not  less  than  one  hundred  dollars  nor  more  than  one 
thousand  dollars. 

§  15200.  (13.)  Unlawful  interference  with  right  of  voter 
— Penalty.  Any  person  who  shall,  by  menace,  bribery,  corrupt 
or  arbitrary  measure,  offer  or  payment  of  reward,  threat  or  in- 
fliction of  punishment,  interfere  with  any  qualified  voter  or 
elector,  in  the  free  exercise  of  his  right  to  register  or  vote  under 
the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor  and 
upon  conviction  be  fined  not  less  than  one  hundred  nor  more  than 
one  thousand  dollars. 

§  15200.  (14.)  Jurisdiction — Prosecution.  Jurisdiction  of 
any  prosecution  for  a  violation  of  any  provision  of  this  act, 
wherever  the  violation  occurred,  whether  within  or  without  this 


54  KENTUCKY  ELECTION  LAWS. 

State,  is  hereby  vested  in  the  circuit  court  of  the  county  to 
the  clerk  of  which  the  application  for  registration  or  for  a  bal- 
lot was  made. 

§  1520&.  (15.)  Inconsistent  and  conflicting  laws — Repeal. 
All  laws  or  parts  of  laws  inconsistent  or  in  conflict  with  the  pro- 
visions of  this  act  are  hereby,  to  the  extent  of  such  inconsistency 
or  conflict,  repealed.  But  the  provisions  of  this  act  shall  not  apply 
to  elections  for  municipal  officers,  members  of  school  boards  or 
trustees  of  common  schools. 

ARTICLE  VII. 
Vacancies — How  Filled. 

§  1521.  Vacancy  in  office — meaning  and  application  of 
term.  The  term  " vacancy  in  office,"  or  any  equivalent  phrase, 
as  used  in  this  article,  means  such  as  exists  when  there  is  an  uri- 
expired  part  of  the  term  of  office  without  a  lawful  incumbent 
therein,  or  when  the  person  elected  or  appointed  to  an  office 
fails  to  qualify  according  to  law,  or  when  there  has  been  no 
election  to  fill  the  office  at  the  time  appointed  by  law.  It  ap- 
plies whether  the  vacancy  is  occasioned  by  death,  resignation, 
removal  from  the  State,  county  or  district,  or  otherwise. 

§  1522.  Appointment  or  election — when  filled  ~by.  If  the 
unexpired  term  will  end  at  the  next  succeeding  annual  elec- 
tion at  which  either  city,  town,  county,  district  or  State  officers 
are  to  be  elected,  the  office  shall  be  filled  by  appointment  for 
the  remainder  of  the  term.  If  the  unexpired  term  will  not  end 
at  the  next  succeeding  annual  election  at  which  either  city, 
town,  county,  district  or  State  officers  are  to  be  elected,  and  if 
three  months  intervene  before  said  succeeding  annual  election 
at  which  either  city,  town,  county,  district  or  State  officers  are  to 
be  elected,  the  office  shall  be  filled  by  appointment  until  said 
election,  and  then  said  vacancy  shall  be  filled  by  election  for  the 
remainder  of  the  term.  If  three  months  do  not  intervene  be- 
tween the  happening  of  said  vacancy  and  the  next  succeeding 
election  at  which  city,  town,  county,  district  or  State  officers 
are  to  be  elected,  the  office  shall  be  filled  by  appointment  until 
the  second  succeeding  annual  election  at  which  city,  town, 
county,  district  or  State  officers  are  to  be  elected;  and  then,  if 


KENTUCKY  ELECTION  LAWS.  55 

any  part  of  the  term  remains  unexpired,  the  office  shall  be 
filled  by  election  until  the  regular  time  for  the  election  of  offi- 
cers to  fill  said  offices.  Vacancies  in  all  offices  for  the  State  at 
large,  or  for  districts  larger  than  a  county,  shall  be  filled  by 
appointment  of  the  Governor.  No  person  shall  ever  be  appointed 
a  member  of  the  General  Assembly.  (Con.,  sec.  152,  as  to  fill- 
ing vacancies,  sec.  3758.) 

§  1523.  Writs  of  election — proclamation — publication — 
dniij  of  sheriff  and  clerk.  A  writ  of  election  shall  be  signed  by 
the  officer  or  attested  by  the  clerk  of  the  court  issuing  the 
same,  shall  designate  the  day  for  holding  the  election,  and  be 
directed  to  the  proper  sheriff  or  sheriffs. 

1.  When  an  election  is    to  be  held  to  fill  a  vacancy  in  any 
office  by  the  voters  of  the  whole  State,  or  of  a  Congressional  or 
judicial  district,  or  other  district  composed  of  more  than  one 
county,  a  proclamation,  signed  by  the  officer  authorized  to  or- 
der the  same,  shall  be  used  and  stand  in  lieu  of  a  writ  of  elec- 
tion. 

2.  Such  proclamation,  when  for  the  whole  State,  shall  be 
published,  at  least  thirty  days  before  the  election,  in  two  news- 
papers printed  at  the  seat  of  government ;  and  when  for  such 
district,  at  least  twenty  days  before  the  election,  in  two  news- 
papers printed  in  the  district — if  there  are  such  papers  printed 
at  the  seat  of  government  or  in  the  district.    A  copy  of  a  proc- 
lamation for  a  district  election  shall  also  be  forwarded  by  mail 
to  the  sheriff  of  each  county  in  the  district  twenty  days  before 
the  election. 

3.  Immediately  on  receipt  of  a  writ  of  election  or  procla- 
mation of  election,  or  other  sufficient  information  thereof,  the 
sheriff  shall  give  notice  thereof  by  advertisements,  posted  at  the 
court  house  door  and  the  several  places  of  voting,  and  pub- 
lished in  some  newspaper  printed  in  the  county,  if  any  such 
there  be. 

4.  No  writ  for  the  election  of  a  county  officer,  a  represen- 
tative or  senator,  shall  be  issued,  except  so  as  to  enable  the 
sheriff  to  give  such  notice  at  least  eight  days  before  the  elec- 
tion. 

5.  A  writ  of  election  from  the  county  court  shall  be  deliv- 
ered to  the  sheriff  by  the  clerk  thereof  immediately  after  it  is 


56  KENTUCKY  ELECTION  LAWS. 

ordered.  Other  writs  of  election  or  proclamations  shall  be  for- 
warded by  the  officer  issuing  them  to  the  sheriff  by  mail.  If, 
from  any  cause,  the  sheriff  can  not  properly  act,  he  shall  im- 
mediately hand  the  writ  or  proclamation  to  the  person  author- 
ized to  act  in  his  place. 

§  1524.  General  Assembly — who  to  issue  writ.  When  a 
vacancy  happens  in  either  branch  of  the  General  Assembly  dur- 
ing its  session,  the  presiding  officer  of  the  House  in  which  the 
vacancy  occurs  shall  issue  the  writ  of  election;  if  the  General 
Assembly  is  not  in  session,  the  writ  shall  be  issued  by  the  Gov- 
ernor. 

§  1525.  Governor — office  of — who  to  issue  writ.  When  a 
vacancy  happens  in  the  office  of  Governor,  requiring  an  elec- 
tion, the  proclamation  shall  be  issued  by  the  Chief  Justice ;  or 
if  he  is  absent  from  the  State  or  unable  to  act,  by  one  of  the 
associate  justices. 

§  1526.  County  offiers — who  to  issue  writ.  A  vacancy  in 
the  office  of  sheriff,  coroner,  surveyor,  county  court  'clerk, 
county  attorney,  jailer,  county  superintendent  of  common 
schools,  county  treasurer,  constable,  assessor,  or  member  of  the 
fiscal  court  shall  be  temporarily  filled  by  the  county  court  un- 
til the  successor  shall  have  been  elected  as  provided  in  section 
1522  of  this  article,  and  shall  have  qualified.  A  writ  of  elec- 
tion Jo  fill  the  vacancy  shall  be  issued  by  the  county  judge ;  or, 
if  he  is  absent  from  the  county,  *by  the  county  clerk;  but  if 
the  vacancy  be  in  his  office,  then  by  the  circuit  clerk,  if  the 
county  judge  be  absent  from  the  county.  (See,  further,  as  to 
filling  vacancies,  sec.  3758.) 

§  1527.  Justice  of  the  peace — who  to  issue  writ.  A  vacancy 
in  the  office  of  justice  of  the  peace  shall  be  filled  by  the  appoint- 
ment of  the  county  court  temporarily,  until  the  successor  shall 
have  been  elected,  as  provided  in  section  1522  of  this  article, 
and  shall  have  qualified;  and  a  writ  of  election  shall  be  issued 
as  provided  in  the  preceding  section.  (Governor  fills  vacancy, 
see  sec.  3758.) 

§  1528.  Commonwealth's  attorney  and  circuit  clerk — who 
to  issue  writ.  A  vacancy  in  the  office  of  Commonwealth's  at- 
torney or  circuit  court  clerk  shall,  in  like  manner,  be  tempor- 
arily filled  for  the  same  time  by  the  circuit  judge  of  the  dis- 


KENTUCKY  ELECTION  LAWS.  57 

trict,  who  shall  also  issue  the  writ  of  proclamation  for  an  elec- 
tion to  fill  the  remaining  vacancies.  (Governor  fills  vacancy, 
sec.  3758.) 

§  1529.  County  judge — vacancy  filled  by  Governor.  When 
a  vacancy  shall  occur  in  the  office  of  a  county  judge,  it  shall  be 
the  duty  of  the  clerk  of  the  county  court  to  issue  a  summons  di- 
rected to  the  sheriff  or  any  constable  of  the  county,  commanding 
him  to  summon  the  justices  of  the  peace  of  said  county  to  con- 
vene at  the  court  house  on  a  day  to  be  named  in  the  summons, 
which  day  shall  not  be  less  than  ten  nor  more  than  twenty 
days  after  issuing  of  said  summons;  and  a  majority  of  the  jus 
tices  of  said  county  being  present,  shall  proceed  to  fill  said  va- 
cancy until  his  successor  shall  have  been  elected,  as  provided 
in  section  1522  of  this  article,  and  shall  have  qualified.  If  a 
majority  of  the  justices  are  not  present  on  the  day  named  in 
the  summons,  then  those  present  shall  adjourn  from  day  to  day 
until  a  majority  can  be  had.  A  writ  of  election,  as  provided 
in  section  1523,  shall  be  issued  by  the  clerk  of  the  county, 
directed  to  the  sheriff  of  the  county,  who  shall  give  notice,  as 
provided  in  section  1523,  and  hold  an  election  at  the  next  an- 
nual election. 

1.  The  justices  shall  convene  at  ten  o'clock  in  the  morning 
of  the  day  named,  or  as  soon  thereafter  as  may  be,  and  at  the 
same  hour  every  succeeding  day,   Sunday  excepted,  until  the 
vacancy  is  filled. 

2.  A  majority  of  the  justices  shall  be  a  quorum  to  fill  the 
vacancy,  and  their  written  certificate  thereof  shall  be  handed  to 
and  preserved  by  the  clerk  of  the  court. 

3.  I  case  of  a  tie,  after  ten  ballots,  the  sheriff  shall  give  the 
casting  vote.     (Governor  fills  vacancy,  see  sec.  3758.) 

§  1530.  Resignations — how  and  to  whom  tendered-  All 
resignations  of  office  shall  be  tendered  to  the  court  or  officer 
who  is  required  to  fill  the  vacancy.  All  such  resignations 
shall  be  in  writing,  and  received  and  recorded  by  said  court  or 
officer.  When  it  is  required  to  be  filled  by  the  circuit  judge 
he  shall  cause  a  record  to  be  made  of  the  resignation  in  the 
court  of  that  county  in  which  the  officer  lives ;  and  when  by  the 
county  court  it  shall  cause  a  record  of  the  fact  to  be  made;  and 
when  by  the  Governor  he  shall  cause  the  same  to  be  recorded  in 
the  executive  journal. 


58  KENTUCKY  ELECTION  LAWS. 

ARTICLE  VIII. 
Contested  Election  and  Appeals  from  Decision  of  Board. 

§  1531.  Governor  and  Lieutenant -Governor — contesting 
board — how  formed — proceedings.  (This  section  has  been  re- 
pealed by  act  of  October  24,  1900 — see  sec.  1596^  subsec.  8 — 
and  is  omitted.) 

§  1532.  Member  of  General  Assembly — contesting  board. 
When  the  election  of  a  member  of-  the  General  Assembly  is 
contested,  that  branch  thereof  to  which  he  belongs,  within 
three  days  after  its  organization,  shall  in  like  manner  select  a 
board  of  not  more  than  nine  nor  less  than  five  of  its  members 
for  determining  the  contest,  which  board  shall  be  governed 
by  the  same  rules,  have  the  same  power,  and  be  subject  to  the 
same  penalties,  as  would  the  board  to  determine  the  contested 
election  of  Governor,  and  shall  report  its  decision  to  that 
branch  of  the  General  Assembly  by  which  it  was  appointed  for 
its  further  action.  (Con.,  sec.  38.) 

§  1535.  Notice  of  contest  of  member  of  General  Assembly 
— proceedings.  No  application  to  contest  the  election  of  an 
officer  shall  be  heard,  unless  notice  thereof  in  writing  signed  by 
the  party  contesting,  is  given. 

1.  The  notice  shall  state  the  grounds  of  the  contest,  and 
none  other  shall  afterward  be  heard  as  coming  from  such  party  ; 
but  the  contestee  may  make  defense  without  giving  counter- 
notice. 

2.  In  the  case  of  an  officer  elective  by  the  voters  of  the 
whole  State,  or  any  judicial  district,  the  notice  must  be  given 
within  thirty  days  after  the  final  action  of  the  board  of  can- 
vassers.   In  the  case  of  a  Senator  or  Representative,  it  must  be 
given  within  fifteen  days ;  and  in  that  of  any  other  office,  with- 
in ten  days  after  such  action. 

3.  Immediately  after  such  notice,  either  party  may  pro- 
ceed to  take  proof  by  depositions,  under  the  same  rules  ana  reg- 
ulations  that   govern  the  taking  of   depositions   in   actions   in 
equity,  except  that  no  commission  shall  be  required  for  taking 
a  deposition  out  of  the  State.     The  depositions  shall  be  sealed 
up  by  the  officer  taking  them,  and  directed  to  the  board  having 


KENTUCKY  ELECTION  LAWS.  59 

power  to  decide  the  contest,  or  to  the  clerk  of  the  Senate  or 
clerk  of  the  House  of  Representatives,  as  the  case  may  require. 

4.  Such  depositions  properly  taken  shall  be  read  as  evi- 
dence before  that  branch  of  the  General  Assembly,  or  the  board 
having  jurisdiction  of  the  case;  but  the  former  can,  in  its  dis- 
cretion, call  for  and  hear  other  proof. 

5.  The  taking  of  depositions  to  be  used  before  the  General 
Assembly,  or  either  branch  thereof,  shall  close  ten  days  before 
the  next  meeting  thereof,  or.  if  in  session  when  the  notice  is 
given,  not  until  it  is  ordered  to  close ;  if  before  a  county  board, 
it  shall  close  three  days,  and  if  before  the  other  board,  six  days 
before  the  day  of  hearing. 

6.  The  case  shall  be  heard  by  a  county  board  on  the  fourth 
Monday  after  the  service  of  notice;   and  by  the  other  board 
the  eighth  Monday  after  such  service;  but  either  may,  for  good 
cause,  allow  further  time. 

7.  The  costs  of  the  proceeding  shall  be  adjudged  against 
the  unsuccessful  party,  and  a  certificate  thereof  given  by  the 
board,  or  by  the  clerk  of  either  branch  of  the  General  Assem- 
bly, as  the  case  may  require.     A  judgment  of  the  same  may 
be  obtained  after  five  days'  notice  in  a  circuit  or  county  court. 
(This  section  was  partially  repealed  by  act  of  October  24,  1900. 
See  section  1596a,  subsection  12.    But  in  so  far  as  it  relates  to 
members  of  the  General  Assembly  it  is  yet  in  force.) 

ARTICLE  Villa. 

Contest  of  Decision  on  Proposed  Constitutional  Amendments. 

§  1539«.  (1.)  Voter  may  contest  such  elections — Petition 
in  Franklin  circuit  court — Notice  of  intended  contest — Care  of 
ballots — Service  of  notice.  Any  qualified  elector  may  contest 
an  election  or  demand  a  recount  of  ballots  on  constitutional 
amendments^  submited  to  the  voters  of  the  State  for  their  rat- 
ification or  rejection,  as  herein  provided.  Such  elector  having 
the  right  to  vote  on  the  question  submitted,  and  having  voted, 
may  file  petition  setting  forth  the  grounds  of  the  contest  with 
the  clerk  of  the  Franklin  Circuit  Court,  not  more  than  fifteen 
days  after  the  official  canvass  and  the  announcement  of  such 
vote  for  the  State  by  the  State  Board  of  Election  Commission- 


60  KENTUCKY  ELECTION  LAWS. 

ers.  The  contestant  may  file  with  the  clerk  of  the  said  court  and 
the  clerk  of  the  Court  of  Appeals,  a  notice  of  his  intention  to 
contest  the  election  before  the  announcement  of  the  official  count 
by  the  State  Board  of  Election  Commissioners,  and  thereupon 
the  clerk  of  the  Court  of  Appeals  shall  forthwith  notify  all  the 
county  boards  of  election  commissioners  in  the  counties  in- 
volved in  such  contest  to  hold  the  ballots  cast  at  such  election  on 
such  question  subject  to  the  order  of  the  Franklin  Circuit  Court. 
Such  notice  shall  be  served  by  the  clerk  of  the  Court  of  Appeals 
by  mailing  a  true  and  certified  copy  of  such  notice  of  contest, 
and  order  to  hold  such  ballots  subject  to  the  order  of  the  court, 
by  registered  mail  to  the  sheriff  of  the  counties  in  question,  and 
such  sheriffs  are  required  to  acknowledge  receipt  thereof  on  re- 
ceiving same.  (March,  1918,  c.  135,  p.  566,  sec.  1.) 

§  1539a.  (2)  Petition  filtd  in  vacation — Notice  to  judge 
—Determination  if  cause  of  action  stated — Bond  for  cost.  If 
the  Franklin  Circuit  Court  be  not  in  session  at  the  time  of  the 
filing  of  the  notice  of  such  contest,  the  clerk  of  the  court  shall 
immediately  notify  the  judge  of  such  court  of  the  filing  of  such 
contest,  and  the  judge  thereof  shall  within  five  days  after  the 
filing  of  the  notice  of  contest  determine  whether  there  are  suf- 
cient  grounds  stated  to  justify  such  contest,  and  shall  thereupon 
require  the  contestants  to  give  bond  for  costs.  All  of  the  hear- 
ings relating  to  such  contests  shall  be  heard  in  the  court  house 
of  Franklin  county.  (Id.,  sec.  2.) 

§  1539&.  (3.)  Recount  of  ballots — Ballots  sent  to  Frank- 
fort court  house — Count  commissioners — Fees — Attorneys  to  be 
present — Inspectors  of  count — Report  of  commissioners — Decis- 
ions on  contested  ballots — Grounds  for  rejection — Tampering 
with  ballots  or  receptacles,  penalty  for.  If  such  contest  involves 
the  recount  of  ballots,  the  procedure  therefor  shall  be  as  follows : 

a.  Upon  the  giving  of  such  bond  as  above  provided,  and 
after  the  court  has  determined  that  the  notice  of  •  contest  pre- 
sents sufficient  grounds,  the  judge  of  the  Franklin  Circuit  Court 
shall  immediately  order  the  ballots  of  the  counties  and  precincts 
in  which  the  recount  is  demanded  sent  to  the  court  house  in 
Frankfort,  Kentucky,  in  such  manner  as  said  judge  may  desig- 
nate, and  said  court  may  appoint  two  special  commissioners  to 
help  make  the  said  recount.  The  attorneys  representing  the 


KENTUCKY  ELECTION  LAWS.  61 

contestant  and  the  Commonwealth's  attorney  representing  the 
contestee,  as  hereinafter  provided,  may  be  present  at  all  hear- 
ings on  such  recount.  Such  special  commissioners  shall  receive 
$3.00  per  day  and  the  actual  traveling  expenses,  when  approved 
by  the  judge  of  the  Franklin  Circuit  Court. 

J).  The  contestant  and  contestee  shall  each  be  entitled  to 
appoint  one  inspector,  who  shall  be  allowed  to  witness  the  re- 
count. 

c.  The  result  of  the  recount  of  ballots  shall  be  reported 
TO  the  court,  together  with   all  the  disputed  ballots  and  any 
ballots  not  counted  for  any  reason,  within  three  days  after  the 
same  shall  have  been  completed.     The  court,  after  inspecting 
and  passing  on  such  disputed  and  uncounted  ballots,  shall  add 
such  thereof  as  shall  be  found  to  be  legal,  to  the  number  of  legal 
ballots  determined  by  the  recount.    In  passing  on  such  disputed, 
uncounted,  or  any  other  ballots  cast,  if  it  be  shown  to  the  satis- 
faction of  the  court  that  such  ballots  were  procured  by  fraud, 
duress,  bribery,  intimidation,  or  for  money  or  other  valuable 
consideration,  such  ballot  or  ballots  shall  be  rejected  as  illegal 
and  void. 

d.  Any  person  who  tampers  with,  or  changes  the  ballots, 
or  opens  the  receptacles  in  which  the  ballots  are  contained  with- 
out the  order  of  the  court,  shall  be  fined  not  less  than  $500.00, 
nor  more  than  $1,000.00,  and  be  imprisoned  in  the  county  jail 
not  less  than  six  months  nor  more  than  one  year.     (Id.,  sec.  3.) 

§  1539a.  (4.)  All  ballots  of  a  precinct  rejected,  when — 
Fraud  or  irregularity.  If  in  any  of  the  precincts  the  error  or 
fraud  or  other  irregularity  is  such  as  to  make  it  impossible  to 
ascertain  the  correct  result,  the  ballots  from  such  precincts  shall 
be  thrown  out  and  considered  void.  (Id.,  sec.  4.) 

§  1539&.  (5.)  Same — Bribery  or  intimidation.  The  vote 
from  any  precinct  shall  not  be  counted  when  it  is  proven  by  the 
contestants  that  there  was  bribery  or  intimidation  of  the  electors 
in  such  precinct  and  the'  court  finds  that  the  contestants  were  in 
the  minority  in  such  precinct  and  wrere  not  in  any  way  implicated 
in  the  bribery  or  fraud  complained  of.  (Id.,  sec.  5.) 

§  1539a.  (6.)  Offenses  against  elections  on  constitutional 
amendments — General  contest  laws  applied.  Any  act  or  deed 
denounced  a^  an  offense  by  the  general  laws  of  the  State  con- 


62  KENTUCKY  ELECTION  LAWS. 

cerning  elections,  shall  also  be  an  offense  in  elections  concerning 
constitutional  amendments,  and  shall  be  punished  in  the  same 
form  and  manner  as  is  provided  for  the  punishment  of  similar 
offenses  by  the  general  laws,  unless  otherwise  provided  herein. 
All  laws  relating  to  contested  elections  for  State  offices  shall 
apply  with  equal  force  to  contests  of  the  character  contemplated 
herein,  and  shall  be  as  effective  as  though  fully  set  out  in  this 
article,  except  as  otherwise  provided  herein.  (Id.,  sec.  6.) 

§  1539a.     (7.)      (See  note  to  next  section— Ed.) 

§  1539a.  (8.)  Committees  of  persons  advocating  or  op- 
posing such  amendments  may  nominate  inspectors  and  chal- 
lengers— Decision  between  contesting  commitees.  Not  later  than 
thirty  days  prior  to  an  election  at  which  constitutional  amend- 
ments are  to  be  submitted  to  the  vote  of  the  people,  any  com- 
mittee which  in  good  faith  advocates  or  opposes  such  amendment 
may  file  a  petition  with  the  sheriff  of  the  county  asking  that 
such  petitioners  be  recognized  as  the  committee  entitled  to  nom* 
inate  inspectors  and  challengers  to  serve  at  the  election  at  which 
such  constitutional  amendment  is  to  be  voted  on.  If  more  than 
one  committee  alleging  themselves  to  advocate  or  oppose  the  same 
amendment  file  such  petition  the  county  board  of  election  com- 
missioners shall  decide  and  announce  by  registered  mail  to  each 
committee  not  less  than  twenty  days  immediately  preceding  the 
election,  which  committee  is  entitled  to  nominate  such  chal- 
lengers and  inspectors.  Such  decision  shall  not  be  final,  but  any 
aggrieved  party  may  institute  proceedings  in  the  county  court 
of  the  respective  counties,  and  upon  hearing  the  county  judge 
shall  determine  which  of  such  committees  shall  be  recognized 
as  the  one  to  select  inspectors  and  challengers  at  such  elections. 
(Id.,  sec.  8.) 

Section  7  was  omitted  from  the  act  as  it  appeared  in  the  Ses- 
sion Acts. — Ed. 

§  1539&.  (9.)  List  of  nominees  for  challengers  and  in- 
spectors to  be  filed  with  sheriff — Procedure  where  two  amend- 
ments voted  on.  Such  committee  shall  file  the  names  of  the 
persons  nominated  by  it  with  the  sheriff  of  the  county  at  least 
five  days  before  the  election.  It  shall  thereupon  be  the  duty  of 
the  county  board  of  election  commissioners  within  two  days 
thereafter  to  certify  the  nominees  of  such  committee  for  the 


KENTUCKY  ELECTION  LAWS.  63 

respective  precincts  to  serve  as  challengers  and  inspectors  at  the 
election  where  any  constitutional  amendment  is  to  be  voted 
upon.  If  more  than  one  amendment  is  to  be  voted  upon  the 
county  board  of  election  commissioners  may  designate  on  the 
petition  of  said  committee  one  person  for  each  amendment  to 
serve  as  inspector  at  such  election  and  one  person  for  each 
amendment  to  serve  as  challenger  at  such  election.  (Id.,  sec.  9.) 

§  1539tf.  (10.)  Duties  and  privileges  of  challengers  and 
inspectors.  The  challengers  and  inspectors  shall  perform  their 
duties  in  the  same  manner  and  subject  to  the  same  privileges 
as  other  inspectors  and  challengers  at  such  an  election.  (Id., 
sec.  10.) 

§  1539a.  (11.)  Any  voter  may  become  a  party — Bond 
for  costs.  Any  elector  who  has  participated  in  any  election 
where  the  question  of  the  ratification  or  rejection  of  a  consti- 
tutional amendment  is  involved  may  make  himself  a  party  as 
contestee  under  this  act  by  filing  his  petition  to  be  made  a 
party  in  the  action  pending  in  the  Franklin  Circuit  Court  not 
later  than  five  days  after  said  contest  is  instituted,  and  by  giv- 
ing bond  for  cost  as  is  required  by  the  contestant  under  the  pro- 
visions of  this  act.  (Id.,  sec.  11.) 

§  1539&.  (12.)  Newspaper  publication  by  clerk  that  con- 
test suit  is  filed.  It  shall  be  the  duty  of  the  clerk  of  the  Frank- 
lin Circuit  Court  to  cause  to  be  published  in  some  paper  of  gen- 
eral circulation  in  the  State  of  Kentucky  within  two  days  after 
a  contest  is  filed  under  the  provisions  of  this  act,  a  notice  of 
such  contest,  setting  out  in  such  publication  the  substance  of  the 
grounds  of  contest  alleged  by  the  contestants.  (Id.,  sec.  12.) 

§  1539&.  (13.)  Commonwealth's  attorney  to  attend  suit, 
when.  Where  no  elector  makes  himself  a  party  to  such  contest 
under  the  provisions  of  this  act,  it  shall  be  the  duty  of  the  Com- 
monwealth's attorney  for  the  Franklin  Circuit  Court  to  attend 
the  trial  of  such  cause,  and  he  may  file  such  motions  and  plead- 
ings in  said  cause  on  behalf  of  the  Commonwealth  as  will  insure 
a  fair  and  honest  determination  of  the  contest.  (Id.,  sec.  13.) 

§  1539&.  (14.)  Franklin  Circuit  Court  has  exclusive  trial 
jurisdiction — Appeals  to  Court  of  Appeals.  The  Franklin  Cir- 
cuit Court  shall  have  exclusive  jurisdiction  to  hear  and  de- 
termine all  matters  in  contest  cases  filed  under  the  provisions 


64  KENTUCKY  ELECTION  LAWS. 

of  this  act,  and  an  appeal  to  the  Court  of  Appeals  may  be  pros- 
ecuted by  any  party  to  the  contest  in  the  same  manner  as  now 
provided  by  law  for  appeals  in  other  contest  election  cases. 
(Id.,  sec.  14.) 

ARTICLE  IX. 

Compensation  of  Officers  of  Elections. 

§  1540.  Cost  allowed  ~by  fiscal  court  of  county.  The  cost 
of  all  elections  held  in  any  county  shall  be  allowed  by  the  fiscal 
court  of  such  county,  and  paid  by  the  county  treasurer,  except 
as  otherwise  provided  by  law.  (Cost  of  municipal  election, 
sec.  1452.) 

§  1541.  Pay  of  officers  of  election.  Officers  of  election 
shall  receive  pay  as  follows :  judges,  two  dollars  each ;  sheriffs, 
two  dollars  each;  clerks,  two  dollars  each.  In  all  elections  to 
fill  vacancies,  the  same  fees.  For  delivering  election  returns 
the  sheriff  and  judge,  whose  duty  it  is  to  accompany  him,  shall 
ivjso  receive  eight  cents  for  each  mile  necessarily  traveled  from 
the  place  of  voting  to  and  from  the  place  of  delivery.  The 
fiscal  court -shall,  at  its  regular  October  term,  provide  for  the 
payment  of  all  election  officers  of  the  ensuing  November  elec- 
tion, which  payment  shall  be  made  out  of  the  levy  of  the  year 
in  which  the  services  are  rendered,  or  out  of  any  money  in  the 
hands  of  the  treasurer  or  sheriff  not  otherwise  appropriated. 
(Section  as  amended  %  act  of  March  19,  1908.) 

§  1542.  County  clerk's  fee  for  certificate — fees  of  witnesses 
and  officers.  The  clerk  of  the  county  court  shall  have  twenty- 
five  cents  for  each  certificate  of  election  or  appointment  of  an 
officer,  to  be  paid  by  the  person  receiving  it.  The  compensa- 
tion to  witnesses  and  officers  taking  depositions,  and  their 
powers  and  duties,  in  cases  of  contested  elections,  shall  be  the 
same  as  in  actions  in  equity. 

ARTICLE  X. 

Electors  of  President. 

§  1543.  Meeting  at  Capitol — time  of.  The  electors  of  Pres- 
dent  and  Vice-President  of  the  United  States  shall  convene  in 


KENTUCKY  ELECTION  LAWS.  65 

the  Capitol,  at  the  seat  of  government,  at  ten  o'clock  in  the 
morning  of  the  second  Monday  in  January  after  their  election, 
give  their  vote  at  or  after  twelve  o'clock,  and  make  return 
thereof  according  to  law. 

§  1544.  Elector  not  attending — place  filled.  If,  from  any 
cause,  one  or  more  of  the  electors  elected  fails  to  attend,  as  be- 
fore directed,  by  twelve  o'clock  of  that  day,  those  in  attendance 
shall  fill  the  place  of  those  absent  by  the  election  of  another 
person  or  persons,  who  shall  have  the  same  powers  as  if  origi- 
nally elected  by  the  people  for  that  purpose. 

§  1545.  Compensation  and  mileage.  Each  elector  of  Pres- 
ident and  Vice-President  of  the  United  States,  for  each  day  he 
attends  at  the  seat  of  government  as  an  elector,  shall  receive 
the  same  per  diem  and  mileage  as  may  at  the  time  be  allowed 
to  a  member  of  the  General  Assembly,  to  be  paid  as  other  claims 
upon  the  treasury.  (Compensation,  see  sec.  370.) 

ARTICLE  XI. 

United  States  Senator — how  and  when  elected — when  Governor 

May  Appoint. 

§  1546.  (1.)  Election  of  Senator  ~by  vote  of  electors — 
Certificate  of  election.  One  United  States  Senator  shall  be 
elected  at  the  regular  November  election,  1914,  for  the  term  be- 
ginning March  4,  1915,  who  shall  hold  his  office  for  six  years, 
and  one  United  States  Senator  shall  be  elected  at  the  regular 
November  election,  1918,  for  the  term  beginning  March  4.  1919, 
who  shall  hold  his  office  for  a  peried  of  six  years,  and  at  the  reg- 
ular November  election  of  each  year  thereafter  next  preceding 
the  year  in  which  a  Senator's  term  shall  expire.  The  election 
for  United  States  Senator  shall  be  held,  the  result  ascertained 
and  certified  in  the  same  manner  as  the  elections  for  State  of- 
ficers :  Provided,  however,  It  shall  be  the  duty  of  the  Governor, 
after  the  returns  have  been  canvassed,  to  certify  the  election  of 
a  person  so  chosen,  under  the  seal  of  the  State,  to  the  president 
of  the  Senate  of  the  United  States,  which  certificate  shall  be 
countersigned  by  the  Secretary  of  State.  In  the  election  for 
United  States  Senator  all  electors  who  are  eligible  to  vote  for 
members  in  the  lower  branch  of  Congress  shall  be  eligible  to 


66  KENTUCKY  ELECTION  LAWS. 

vote  for  United  States  Senator,  and  the  person  receiving  the 
highest  number  of  votes  shall  be  declared  elected. 

§  1546.  (2.)  Vacancy — When  filled  by  appointment  of 
Governor.  In  case  of  vacancy  in  the  office  of  United  states 
Senator,  it  shall  be  the  duty  of  the  Governor  to  fill  the  vacancy 
by  appointment  until  the  next  regular  election  at  which  mem- 
bers of  the  lower  branch  of  Congress  are  elected,  and  he  shall 
certify  the  appointment  to  the  president  of  the  Senate  of  the 
United  States,  under  the  seal  of  the  State,  and  the  certificate  of 
appointment  shall  be  countersigned  by  the  Secretary  of  State. 

§  1546.  (3.)  Jenalty  for  violation  of  law.  The  same 
penalties  prescribed  for  offenses  against  the  election  law  in  the 
election  of  other  officers  shall  apply  to  elections  for  United 
States  Senators. 

§  1546.  (4.)  Repealing  clause.  All  laws  in  conflict  with 
this  act  are  hereby  repealed.  (This  section  is  an  act  of  1914 
— 98,  and  takes  the  place  of  sections  1546-49.) 

ARTICLE  XII. 
PRIMARY  ELECTIONS, 

§  1550.  (1.)  Nominations — How  made.  Hereafter  all 
candidates  for  elective  offices  to  be  voted  for  at  any  general  elec- 
tion shall  be  nominated : 

1.  By  a  primary  election  held  in  accordance  with  the  pro- 
visions of  this  act  or 

2.  By  certificates  of  nomination  signed  and  filed  as  herein 
provided.     The  provisions  of  this  act  shall  not  apply  to  candi- 
dates for  trustees  of  common  schools  or  members  of  school  boards 
nor  to  trustees  in  towns  of  the  fifth  and  sixth  classes  nor  to  can- 
didates for  presidential  electors,  but  such  candidates  for  such 
offices  shall  be  nominated  and  have  their  nominations  certified 
as  now,  or  may  be  hereafter  provided  by  law.     This  act  shall 
not  be  construed  to  repeal  or  affect  in  any  way  an  act  entitled, 
''An  act  to  amend  an  act  entitled,  'An  act  for  the  government 
of  cities  of  the  second  class  in  the  Commonwealth  of  Kentucky, '  ; 
approved  March  21,  1910,  chapter  50,  Acts  1910. 

§  1550.     (Section  2  is  repealed  by  act  of  1914.) 

§  1550.     (3.)     Time  and  place  of  holding.     On  the  first 


KENTUCKY  ELECTION  LAWS.  67 

Saturday  in  August  of  each  year  between  the  hours  of  6  o'clock 
a.  m.  and  4  o'clock  p.  m.  there  shall  be  held  at  the  regular  poll- 
ing places  in  each  election  precinct  in  this  State  a  primary  elec- 
tion for  the  nomination  of  candidates  by  political  parties  as 
hereinafter  denned,  to  be  voted  for  at  the  next  November  elec- 
tion. The  provisions  of  this  act  shall  not  apply  to  vacancies  in  of- 
fices to  be  filled  at  special  elections  held  at  times  other  than  the 
regular  November  elections.  Nominations  by  political  parties  to 
fill  vacancies  at  special  elections  to  be  held  on  days  other  than 
the  regular  November  election  shall  be  made  in  such  manner 
as  may  be  determined  by  the  governing  authority  of  such  polit- 
ical party  in  the  territory  in  which  said  election  is  to  be  held. 

§  1550.  (4.)  Unexpired  terms.  Candidates  for  unex- 
pired terms  to  be  filed  at  the  November  election  shall  be  nomi- 
nated at  the  primary  next  preceding  such  November  election : 
Provided,  That  such  vacancy  occurred  not  less  than  seventy 
days  before  the  day  on  which  the  next  primary  is  to  be  held. 
But  if  such  vacancy  occurred  less  than  seventy  days  before  the 
primary  election,  the  nomination  shall  be  made  in  such  manner 
as  may  be  determined  by  the  governing  authority  of  the  polit- 
ical parties.  In  the  preparation  of  ballots  hereinafter  provided 
for,  candidates  for  full  terms  shall  be  grouped  together,  and 
candidates  for  unexpired  terms  shall  be  grouped  together 
on  the  party  ballots,  under  appropriate  headings,  so  that  the 
voter  may  easily  distinguish  the  candidates  for  full  terms  from 
the  candidates  for  unexpired  terms. 

§  1550.  (5.)  Parties  required  to  nominate  in  the  pri- 
mary. A  political  party  within  the  meaning  of  this  act  is  an 
affiliation  or  organization  of  electors  representing  a  political 
policy  and  having  a  constituted  authority  for  its  government 
and  regulation,  and  which  at  the  last  preceding  election  at  which 
presidential  electors  were  voted  for,  cast  at  least  twenty  per 
cent  of  the  total  vote  cast  at.  said  election  in  this  State.  And 
such  political  party  shall  nominate  all  of  its  candidates  for 
elective  offices  to  be  voted  for  at  the  next  succeeding  general 
election  at  the  primary  election  herein  provided  for,  and  not 
otherwise :  Provided,  That  when  a  vacancy  occurs  after  any 
nomination  by  death  or  otherwise,  the  governing  authority  of 
such  party  may  provide  for  filling  such  vacancies  and  making 


68  KENTUCKY  ELECTION  LAWS. 

such  nominations;  and  when  such  nominations  have  been  so 
made  the  certificates  of  nomination  shall  be  signed  by  the  chair- 
man and  secretary  of  the  governing  authority  of  the  party 
making  same,  and  shall  be  filed  in  the  same  manner  as  to  cer- 
tificates of  nomination  at  a  primary  election. 

§  1550.  (6.)  Notification  and  declaration — Affidavits, 
how  prepared  and  filed.  Any  qualified  elector  who  is  a  mem- 
ber of  a  party  within  the  meaning  of  this  act,  and  who  has 
affiliated  with  and  supported  the  nominees  of  the  party  at 
whose  hands  he  seeks  the  nomination,  as  defined  elsewhere  in 
this  act,  shall  have  his  name  printed  on  the  official  ballot  of 
his  party  for  any  office  to  which  he  is  eligible  in  any  primary 
held  under  the  provisions  of  this  act,  upon  filing  with  the 
proper  officer  at  the  proper  time,  a  notification  and  declara- 
tion, which  notification  and  declaration  shall  be  in  the  follow- 
ing form,  and  shall  be  filled  in  as  to  all  the  requirements 
therein  contained,  and  the  declaration  therein  shall  be  sub- 
scribed and  sworn  to  by  the  person  making  same,  before  any  of- 
ficer qualified  to  administer  an  oath. 

Said  notification  and  declaration  shall  be  in  the  following 
form : 

Notification  and  Declaration. 
Of 

For  nomination  to  the  office 

Of — 

To (County 

Court  Clerk  or  Secretary  of  State,  as  the  case  may  be.) 
Commonwealth  of  Kentucky, 

County. 

For  the  purpose  of  having  my  name  placed  on  the  official  pri 
mary   election   ballot   as   a   candidate   for   nomination   by   the 

(name   of   party) 

party,  I .v. (name  in  full  as  desired 

on  the  ballot)   do  solemnly  swear  (or  affirm)   that  I  reside  at 

No ,  street,  in  the  city  of ,  county 

of ,  State  of  Kentucky,  and  that  I  am  a 

registered  (party)  voter  in  

precinct,  city  of ,  that  I  believe  in  the  prin- 
ciples of  said  (name  of  party)  party, 


KENTUCKY  ELECTION  LAWS.  69 

and  intend  to  support  its  principles  and  policies,  and  vote 
for  its  nominees  at  the  coming  general  election,  and  that  I 
have  affiliated  with  such  party  and  that  I  supported  its  nom- 
inees at  the  last  general  election,  or  was  prevented  from  doing 

so  by  reason  of .(state  reason  here)  ;  that  if 

nominated  as  a  candidate  of  said party  at  the 

said  ensuing  election,  I  will  accept  such  nomination  and  not 
withdraw;  that  I  will  not  knowingly  violate  any  election  law 
or  any  law  defining  or  relating  to  corrupt  'and  fraudulent  prac- 
tice in  campaigns  or  elections  in  this  State,  and  if  finally  elect- 
ed, I  will  qualify  for  said  office. 

_ _ ( Signature  of  candidate) 

Subscribed  and  sworn  to  before  me  by 

this  day  of  ,  19 

( Signature  of  officer ) 

( Title  of  officer) 

The  said  candidate  shall  at  the  time  of  filing  his  notifi- 
cation and  declaration  file  therewith  an  affidavit  of  two  reput- 
able electors,  members  of  the  same  party  to  which  the  applicant 
belongs,  which  affidavit  shall  be  in  the  following  form,  and  filled 
out  so  as  to  meet  all  the  requirements  indicated  therein: 
Commonwealth  of  Kentucky, 

County. 

We, and 

do  solemnly  swea**  (or  affirm)  that  we  are  qualified  electors  and 

members  of  the (name  of 

party)  party,  and  have  affiliated  with  said  party,  and  sup- 
ported its  nominees  at  the  last  general  election;  that  we  are 

residents  and  legal  voters  of  the  city  of 

county  of ,  State  of  Kentucky  ; 

that  we  are  personally  acquainted  with ,  who 

files  the  hereto  attached  notification  and  declaration,   and  we 

know  him  to  be  a  discreet  citizen,  and  a  member  of  the L 

party,  and  that  to  the  best  of  our  knowledge  and  belief,  he  has 
affiliated  with  and  supported  said  party  as  defined  in  the  pri- 
mary election  law;  that  he  is  a  resident  of  the  city,  county 
and  State  set  out  in  his  notification  and  declaration,  and  we 
believe  him  to  be  qualified  to  fill  the  office  of 


(Signature  of  affiants.) 


70  KENTUCKY  ELECTION  LAWS. 

Subscribed  and  sworn  to  before  me  by 

and this day  of  

19 

( Signature  of  officer) 

( Title  of  officer) 

Said  application  and  declaration,  and  the  accompanying 
affidavits  may  be  on  the  same  or  separate  sheets,  but  shall  be 
iiied  together  and  at  the  same  time,  and  when  so  filed  with  the 
proper  officer,  it  shall  be  the  duty  of  said  officer,  upon  the  candi- 
date's  compliance  with  the  requirements  of  this  act  as  to  pay- 
ment of  fees  as  elsewhere  provided,  to  have  printed  the  ap- 
plicant's name  011  the  ballot  according  to  the  primary  election 
law,  under  the  penalties  provided  therein. 

§  1550.  (7.)  Time  and  place  of  filing.  For  all  offices  to 
be  voted  for  by  the  electors  of  one  county  or  of  a  city,  dis- 
trict or  subdivision  therein,  except  members  of  Congress,  said 
nomination  papers  shall  be  filed  with  the  county  clerk  of  such 
county,  at  least  thirty  days  prior  to  the  holding  of  the  primary 
election.  For  State  officers,  members  of  Congress,  and  for  all 
officers  to  be  voted  for  by  the  electors  of  more  than  one  county, 
said  nomination  paper  shall  be  filed  with  the  Secretary  of  State, 
at  least  forty  days  before  the  holding  of  the  primary  election. 

§  1550.     (Section  8  is  repealed  in  law  of  1914.) 

§  1550.  (9.)  Certificate  where  only  one  candidate  files 
papers.  Immediately  after  the  expiration  of  the  time  for  filing 
applications  and  declarations  for  places  on  the  ballot,  if  it 
fhould  appear  that  there  is  only  one  candidate  who  has  filed  the 
necessary  papers  for  the  place  on  the  ballot  of  any  party  on 
whose  ballot  he  is  entited  to  have  his  name  printed,  the  officer 
with  whom  such  papers  are  filed  shall  issue  to  such  candidate  a 
certificate  of  nomination,  which  shall  have  the  same  force  and 
effect  as  the  certificate  of  nomination  provided  herein  to  be 
issued  by  the  canvassing  officers. 

§  1550.  (10.)  Nomination  papers,  when  destroyed.  All 
nomination  papers  in  the  custody  of  the  county  clerk  and  the 
Secretary  of  State  under  the  provisions  of  this  act  shall  be  de- 
stroyed six  months  after  the  primary  election  for  which  said 
papers  were  filed.  But  such  papers  as  are  material  to  any  in- 
vestigation or  litigation  then  pending  shall  not  be  destroyed  un- 
til the  final  determination  of  such  investigation  or  litigation. 


KENTUCKY  ELECTION  LAWS.  71 

§  1550.  (11.)  Inspection  of  papers.  All  nomination 
papers  filed  under  the  provisions  of  this  act  shall  at  all  times 
be  subject  to  inspection  by  candidates  and  by  the  county  at- 
torney, the  Commonwealth  attorney  and  the  Attorney  General. 

§  1550.  (12.)  Register  of  candidates.  The  Secretary  of 
State  and  the  county  court  clerks  shall  each  keep  a  book  en- 
titled ' 'REGISTER  OF  CANDIDATES  FOR  NOMINATION 
IN  THE  PRIMARY  ELECTION,"  and  shall  enter  therein 
on  different  pages  of  said  book  for  the  different  political  par- 
ties subject  to  the  provisions  of  this  law  the  title  of  office  sought 
and  name  and  residence  of  each  candidate  for  nomination  in 
the  primary  election,  the  name  of  his  political  party,  and  the 
date  of  receiving  his  petitions.  Said  book  shall  be  so  kept  that 
the  names  of  all  candidates  of  the  same  political  parties  shall 
be  on  the  same  or  successive  pages  and  the  names  of  candidates 
of  no  two  political  parties  shall  appear  on  the  same  page.  Said 
books  are  hereby  declared  to  be  public  records. 

§  1550.  (13.)  Certification  of  candidates  by  secretary  of 
State.  Not  less  than  thirty  days  before  the  primary  election 
is  to  be  held,  the  Secretary  of  State  shall  certify  to  the  county 
clerks  of  the  respective  counties  entitled  under  the  law  to  par- 
ticipate in  the  nomination  of  the  respective  candidates,  the  name, 
place  of  residence ,  and  party  of  each  candidate  for  each 
office,  as  specified  in  the  nominating  petitions  filed  with  him, 
and  shall  designate,  subject  to  the  provisions  of  this  act,  the 
device  under  which  the  groups  or  lists  of  candidates,  or  can- 
didate, of  each  party  shall  be  printed,  in  the  order  in  which  they 
shall  appear  on  the  ballot. 

§  1550.  (14.)  Order  of  names  certified  by  Secretary  of 
State — how  determined.  For  the  purpose  of  determining  the 
order  in  which  the  names  of  candidates  to  be  voted  for  by  the 
electors  of  the  entire  State  shall  be  certified  and  printed  on 
the  ballots  under  the  designation  of  the  respective  offices,  the 
Secretary  of  State  shall  prepare  lists  of  the  counties  of  each 
Congressional  district  of  the  State.  •  He  shall  then  arrange  the 
surname  of  all  candidates  for  each  office  in  alphabetical  order 
for  the  first  Congressional  district,  and  the  names  shall  be  cer- 
tified in  this  order  to  the  county  clerks  of  all  the  counties  com- 
prising said  Congressional  district.  Thereafter  for  each  sue- 


72  KENTUCKY  ELECTION  LAWS. 

Deeding  Congressional  district,  taken  in  the  order  of  their  num- 
bers, the  name  appearing  tfirst  for  each  office  in  the  last  pre- 
ceding district  shall  be  placed  last,  and  the  name  appearing 
second  in  the  last  preceding  district  shall  be  placed  first,  and 
each  other  name  be  moved  up  one  place.  The  list  shall  be  cer- 
tified accordingly. 

For  all  other  offices  for  which  nominating  papers  are  filed 
with  the  Secretary  of  State,  the  order  /of  names  of  candidates 
for  each  office  shall  be  determined  by  lot  at  a  public  drawing  to 
be  held  in  the  office  of  the  Secretary  of  State  thirty-eight  (38) 
days  before  the  primary  election,  at  two  o'clock  p.  m.,  standard 
time. 

§  1550.  (15.)  Publication  of  names  ~by  county  clerk — 
order  of  printing.  Not  less  than  twenty  days  before  the  pri- 
mary election  the  county  clerk  of  each  county  shall  publish 
under  the  proper  party  designation  and  title  of  each  office  the 
names  of  all  persons  certified  to  him  by  the  Secretary  of  State, 
in  the  same  order  in  which  they  were  certified,  and  of  all  per- 
sons for  whom  nomination  papers  have  been  filed  with  such 
county  clerk.  Only  the  names  of  persons  who  have  substantially 
complied  with  the  provisions  of  this  act  shall  be  published  or 
printed  on  the  ballot,  and  such  names  shall  be  published  or 
printed  in  the  order  in  which  they  are  to  be  printed  on  the  bal- 
lots. Said  publication  shall  be  done  by  posting  a  notice  at  the 
door  of  the  court  house  and  causing  said  list  to  be  printed  once 
in  a  newspaper  of  general  circulation  in  such  county,  if  there 
be  such  a  newspaper. 

The  order  in  which  the  names  of  candidates  for  ea-jh  office 
for  whom  nomination  papers  have  been  filed  in  the  office  of  the 
county  clerk,  shall  be  printed  on  the  primary  election  ballot 
shall  be  determined  at  a  public  drawing  in  the  office  of  the 
county  clerk  twenty -five  days  before  such  primary  ele?tion  at 
2  o'clock  p.  m.,  standard  time. 

§  1550.  (16.)  Order  in  which  different  offices  shall  ap- 
pear on  ballot.  The  order  in  which  the  different  offices  are 
printed  on  the  primary  election  ballot  shall  be  the  same  as  in 
the  case  of  regular  elections.  The  office  of  United  States  Sen- 
ator shall  come  first  when  candidates  for  said  office  are  to  be 
nominated. 


KENTUCKY  ELECTION  LAWS.  73 

§  1550.  (17.)  Ballots  and  ballot  boxes.  There  shall  be 
a  separate  ballot  for  each  political  party  subject  to  this  act,  at 
the  primary  election  provided  for  herein.  Such  ballots  shall 
be  printed  in  substantially  the  same  manner  as  now  provided 
by  law  in  case  of  regular  elections,  except  that  on  the  back 
thereof  shall  be  printed  the  words  " Official  Primary  Ballot," 
and  at  the  head  thereof  shall  be  printed  the  words  "Official 
Primary  ballot,"  together  with  proper  party  name  and  the 
party  emblem.  The  party  emblem  in  each  case  shall  be  the 
same  as  that  used  at  the  last  preceding  regular  election,  unless 
sixty  days  before  the  primary  election  the  proper  party  author- 
ity certify  a  different  emblem  to  the  Secretary  of  State,  in 
which  event  he  shall  certify  the  new  emblem  to  the  county  clerks 
•as  herein  provided.  » 

All  the  official  ballots  designed  to  be  voted  in  the  primary 
nominating  elections  shall  be  printed  in  black  ink  upon  a  good 
quality  of  white  ballot  paper.  The  arrangement  of  each  ballot 
shall  be  exactly  the  same  for  each  political  party,  and  the  size 
and  the  printing  shall  be  the  same  for  each  political  party. 
Duplicate  impressions  of  the  ballots  for  each  political  party 
voted  for  at  every  primary  election  shall  .be  printed  upon 
cheaper  colored  paper.  These  colored  ballots  shall  be  used  solely 
as  sample  ballots  for  the  information  and  convenience  of  voters, 
and  they  shall  not  be  voted  or  counted. 

The  ballots  shall  be  printed  so  as  to  give  each  elector  a 
clear  opportunity  to  designate  his  choice  of  candidates  for  nomi- 
nation by  making  with  a  stencil  cross*  in  the  square  after  the 
name  of  each  candidate  for  whom  he  wishes  to  vote  for  nomi- 
nation; and  on  the  ballot  may  be  printed  such  words  as  will 
aid  the  elector  to  do  this,  such  as  "Vote  for  one,"  "Vote  for 
two,"  and  the  like,  to  inform  the  elector  of  the  number  of  can- 
didates for  whom  he  is  entitled  to  vote  for  eacli  office,  and  at 
the  bottom  or  outer  end  of  each  ballot  shall  be  prepared  a  sec- 
ondary stub,  separated  from  the  body  by  a  perforated  line. 
Said  secondary  stub  shall  be  in  all  respects  as  the  like  stub  on 
the  ballot  used  at  the  general  elections,  and  shall  be  used  in  like 
manner  and  for  the  same  purpose. 

Separate  ballot  boxes  shall  be  supplied  for  each  party  and 
the  ballots  cast  shall  be  placed  in  the  appropriate  party  boxes, 


74  KENTUCKY  ELECTION  LAWS. 

hut  a  ballot  shall  not  be  disqualified  by  reason  of  having  been 
in  the  wrong  ballot  box. 

§  1550.  (17a.)  Registration  of  women  voters.  In  any 
year  in  which  any  general  election  is  held,  where  school  officers 
are  to  be  voted  for,  or  school  questions  are  to  be  voted  upon, 
in  which  women  are  entitled  to  vote  as  provided  in  chapter 
forty-seven  of  the  Acts  of  the  General  Assembly  of  nineteen 
hundred  and  twelve,  such  women  voters  as  are  qualified  to  vote 
under  said  law,  may  be  specially  registered  as  provided  in  sec- 
tion twenty  of  the  primary  election  act,  and  it  shall  be  the 
duty  of  the  county  clerk  to  permit  all  women  qualified  under 
said  act  to  so  specially  register. 

§  1550.  (18.)  Number  of  ballots.  There  shall  be  pro- 
vided and  furnished  at  each  primary  nominating  election  and 
at  each  election  precinct  severity-five  per  cent  more  official  bal- 
lots for  each  political  party  than  the  number  of  votes  cast  by 
such  political  party  at  the  last  preceding  presidential  election, 
and  if  a  precinct  was  created  since  the  last  presidential  election, 
the  county  court  clerk  shall  furnish  such  number  of  ballots  in 
such  precinct  as  may  be  requested  by  the  chairman  of  the  county 
executive  committee  or  authority  of  each  political  party,  not 
exceeding,  however,  three  hundred  ballots  for  each  party  for  each 
such  precinct. 

In  any  and  all  elections  in  which  women  are  qualified  to 
vote,  the  clerk  shall  furnish  for  such  Avomeii  voters,  for  each 
precinct  in  which  the  election  is  to  be  held,  a  number  equal  to 
fifty  per  cent  of  the  enti-re  number  of  ballots  furnished  for  the 
male  voters  in  each  precinct,  and  the  ballots  cast  by  such  women 
shall  be  treated  in  all  respects  like  the  ballots  cast  by  male  voters 
and  deposited  in  the  boxes  hereinbefore  provided  for  the  re- 
spective parties. 

§  1550  (19.)  Qualifications  of  electors.  Before  a  person 
shall  be  qualified  to  vote  in  the  primary  election  herein  pro- 
vided for,  he  shall  possess  all  the  qualifications  now  prescribed 
by  the  constitution  and  as  are  now  required  of  voters  in  regu- 
lar elections.  Except  that  in  the  case  of  women  electors  the 
qualifications  shall  be  as  prescribed  in  chapter  47  of  the  Acts 
of  the  General  Assembly  of  1912.  He  shall,  in  addition  to  said 
qualifications,  be  a  member  of  the  party  for  whose  nominees  he 


KENTUCKY  ELECTION  LAWS.  75 

intends  to  cast  his  vote,  and  shall  have  affiliated  with  said  party 
and  supported  its  nominees,  and  no  person  shall  be  deemed  to 
have  affiliated  with  the  party  in  whose  primary  he  seems  (seeks) 
to  cast  his  vote,  if  he  voted  against  the  nominee  or  nominees  of 
such  party  at  the  last  general  election.  Said  qualifications  shall 
be  determined  as  of  the  date  of  the  primary,  without  regard  to 
the  qualifications  or  disqualifications  as  they  may  exist  at  the 
succeeding  regular  election.  In  precincts  where  registration  is 
required,  no  elector,  except  those  entitled  to  be  specially  regis- 
tered as  herein  provided,  shall  be  entitled  to  vote  in  any  pri- 
mary, unless  he  is  registered  in  the  registration  book  of  said 
precinct  for  the  preceding  year,  as  affiliating  with  the  party 
whose  ballot  he  offers  to  vote.  If  so  registered,  he  shall  be  en- 
titled to  vote  the  ballot  of  the  party  with  which  he  is  registered 
and  no  other.  In  other  precincts,  qualified  electors  shall  be  al- 
iowed  to  vote  only  the  ballot  of  the  party  of  which  they  are 
members,  and  with  which  they  have  affiliated  and  supported 
as  defined  herein :  Provided,  That  all  minors  who  will  become 
twenty-one  years  of  age  before  the  November  election  shall  be 
entitled  to  vote  in  said  primary  by  declaring  the  party  of  their 
choice.  The  qualifications  above  described  shall  apply  to  candi- 
dates and  voters  alike. 

In  order  to  determine  in  case  of  doubt,  any  of  the  quali- 
fications above  mentioned,  the  judge  of  the  election  shall  have 
power  to  and  he  shall  swear  any  person  offering  himself  to  vote 
as  to  any  of  said  qualifications,  and  when  so  sworn  the  judge 
shall  direct  the  clerk  to,  and  the  clerk  shall  write  upon  the  pri- 
mary stub  bearing  the  voter's  name,  the  words,  "sworn  as  to 
qualifications."  And  any  voter  making  a  false  statement  as  to 
finy  of  his  qualifications  shall  be  liable  to  indictment  and  con- 
viction for  false  swearing. 

"Any  judge  of  election  knowingly  receiving  a  vote  of  any 
elector  who  is  not  qualified  as  provided  in  this  act  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  fined 
one  hundred  dollars  for  each  offense,  and  any  person  so  voting 
knowing  that  he  is  not  qualified  as  provided  in  this  act,  shall 
be  guilty  of  a  misdemeanor  and  upon  conviction,  shall  be  fined 
one  hundred  dollars  for  each  offense,  the  fine  in  each  case  to  be 
recovered  upon  information  or  indictment  in  any  court  having 
jurisdiction. 


76  KENTUCKY  ELECTION  LAWS. 

§  1550.  (20.)  Special  registration.  Fourteen  days  be- 
fore the  primary  provided  for  in  this  act  there  shall  be  a  special 
registration  at  the  office  of  the  county  clerk,  for  persons  entitled 
to  be  specially  registered  for  the  purpose  of  voting  in  said  pri- 
mary. The  following  persons  and  no  others  shall  be  entitled  to 
special  registration: 

1.  Any  persons  who  were  absent  from  the  city  or  town 
of  their  residence  during  the  entire  time  of  the  registration  for 
the  preceding  year. 

2.  Persons  who  were  prevented  from  registering  by  reason 
of  their  own  sickness  or  by  death  in  their  immediate  families. 

3.  Persons  who  moved  into  the  city  or  town  of  their  pres- 
ent residence  after  the  latest  date  that  would  enable  them  to 
register  for  the  purpose  of  voting  in  the  last  regular  election, 
and  who  have  the  qualifications  of  voters  in  the  precincts  in 
which  they  reside. 

4.  Persons  who  have  become  of  age  since  the  last  election 
f.nd  have  the  qualifications  of  electors. 

Before  registering  any  person  under  this  section  the  county 
clerk  shall  require  him  to  make  written  oath  as  to  the  cause  of 
his  failure  to  attend  last  regular  registration.  In  all  cases 
where  illness  is  given  as  a  cause  for  failure  so  to  register,  the 
affidavit  of  a  physician  setting  forth  the  fact  shall  also  be  re- 
quired. All  affidavits  provided  for  under  this  section  shall  be 
kept  in  a  bound  book  made  for  that  purpose.  When  the  proper 
affidavits  have  been  made,  the  clerk  or  his  deputy  shall  write 
the  name  of  the  person  applying  in  the  proper  registration  book 
of  the  preceding  year  on  the  last  page  containing  the  names 
beginning  with  the  same  letter,  and,  if  necessary,  on  pages  im- 
mediately following;  and  in  the  column  headed  "Remarks,'' 
shall  be  written  the  words  "Specially  Registered,"  with  the 
signature  of  the  clerk  and  the  date. 

Any  elector  present  in  the  office  of  the  county  clerk  may 
challenge  the  right  of  any  person  to  register  specially  under  this 
section,  and  thereupon  the  county  clerk  shall  examine  such  per- 
son and  any  witnessess  who  may  be  offered,  under  oath,  and 
shall  determine  the  right  of  said  person  to  register.  The  regis- 
tration books  in  the  possession  of  the  county  clerks  shall  be  sent 
to  the  polls  and  shall  be  used  by  the  election  officers  to  de- 


KENTUCKY  ELECTION  LAWS.  77 

termine  the  right  of  any  person  to  vote  in  the  primary  election ; 
and  there  shall  be  no  special  registration  at  the  polls. 

§  1550.  (21.)  Transfer  certificates.  There  shall  be  no 
transfer  certificates  for  enabling  electors  to  vote  in  the  primary 
election,  but  any  voter  who  has  removed  from  one  precinct  to 
another,  in  which  registration  is  required,  after  having  been 
registered  for  the  last  November  election  may  apply  to  the 
county  clerk  upon  the  day  for  special  registration  provided  for 
in  the  last  preceding  section  and  have  his  name  cancelled  off 
by  writing  opposite  it  in  the  column  headed  "Kemarks"  the 
word  "removed,"  and  upon  making  oath  that  he  is  a, qualified 
\-oter  or  will  be  a  qualified  voter,  on  the  day  of  the  primary  in 
the  precinct  of  his  present  residence  he  shall  be  entitled  to  be 
specially  registered  as  provided  in  the  last  preceding  section. 
Persons  removing  from  one  city  or  town  to  another  city  or  town 
ir-  a  different  county  shall  not  be  required  to  have  their  registra 
tion  cancelled,  but  may  be  specially  registered  upon  "making 
the  affidavit  as  herein  provided. 

§  1550.  (22.)  Officers  of  election.  Officers  of  election 
for  the  primary  shall  be  appointed  by  the  county  board  of  elec- 
tion commissioners  as  provided  by  the  law  in  the  case  of  the 
November  elections:  Provided,  That  the  list  of  names  selected 
by  the  several  party  committees  shall  be  submitted  to  said  board 
not  less  than  fifteen  (15)  days  before  the  holding  of  the  primary 
and  shall  be  open  to  inspection  thereafter;  and  provided,  that 
candidates  before  the  primary  shall  be  entitled,  if  they  so  de- 
sire, to  unite  regardless  of  party,  in  designating  the  names  of 
persons  to  be  appointed  officers  of  election,  under  the x rules  here- 
mafter  laid  down.  All  designations  of  persons  selected  by  can- 
didates for  appointment  shall  be  made  by  written  notice  to  said 
board,  delivered  to  any  member  thereof,  not  later  than  ten 
days  before  said  primary.  Any  group  of  25  per  cent  of  all  can- 
didates before  the  primary  shall  be  entitled  to  have  appointed  as 
an  election  officer  one  person  in  each  precinct  for  which  a  name 
is  so  submitted.  In  cases  where  names  are  so  designated  for 
several  precincts,  the  persons  so  designated  shall  be  appointed 
in  equal  proportions  to  the  offices  of  clerk,  sheriff  and  judge  in 
the  different  precincts.  In  like  manner  50  per  cent  of  all  can- 
didates before  the  primary  shall  be  entitled  to  designate  two 


78  KENTUCKY  ELECTION  LAWS. 

persons  to  be  appointed  officers  of  election  in  each  precinct. 
In  such  cases  one  of  the  persons  so  designated  shall  be  appointed 
c^erk  of  election  in  one-half  of  the  precincts  for  which  names 
are  so  designated.  If  75  per  cent  of  all  candidates  so  unite 
they  shall  be  entitled  to  designate  three  persons  to  be  appointed 
officers  of  election  in  each  precinct,  and  one  of  the  persons  so 
designated  shall  be  appointed  clerk  of  election  in  each  of  three- 
fourths  of  all  the  precincts  for  which  names  are  so  designated ; 
and  all  the  candidates  by  so  uniting  shall  be  entitled  to  the  ap- 
pointment of  four  officers  of  election  in  each  precinct  for  which 
names  are  thus  designated. 

In  cases  where  candidates  unite  in  the  selection  of  persons 
ti  be  appointed  officers  of  election,  as  herein  provided,  the  lists 
of  names  submitted  by  the  party  committees  shall  be  treated 
by  the  board  of  election  commissioners  as  follows :  If  only  one 
group  of  25  per  cent  of  the  candidates  unite  in  selecting  one 
person  to  be  appointed  an  officer  of  election  in  each  precinct  so 
designated,  said  board  shall  appoint  only  one  officer  of  election 
for  such  precinct  or  precincts  from  the  list  submitted  by  the 
committee  of  that  party  whose  candidates  form  a  majority  of 
the  signers  of  such  written  designation.  If  the  signers  of  such 
lists  are  divided  equally  between  the  parties,  then  the  list  of 
names  submitted  by  each  party  committee  shall  have  chosen  from 
it  only  one  name  for  an  officer  of  election  in  every  other  pre- 
cinct among  those  for  which  names  are  thus  designated.  If  two 
prroups  of  25  per  cent  or  one  group  of  50  per  cent  of  all  candi- 
dates so  unite  in  designating  persons  to  be  appointed  officers 
of  election  in  one  or  more  precincts,  the  remaining  officers  in 
such  precincts  shall  be  selected  equally  from  the  lists  of  the  sev- 
eral party  committees.  In  the  event  that  75  per  cent  of  all  can- 
didates unite  to  procure  the  appointment  of  election  officers  in 
one  or  more  precincts,  or  if  three  groups  of  25  per  cent  of  the 
candidates,  or  one  group  of  50  per  cent  and  another  of  25  per 
cent  of  the  candidates  submit  names  under  the  provisions  of 
this  section,  the  remaining  officers  of  election  in  each  of  such 
precincts  shall  be  chosen  alternately  from  the  lists  of  the  dif- 
ferent party  committes. 

All  persons  who  are  to  act  as  election  officers  shall  be  ap- 
pointed by  said  board  in  accordance  with  the  foregoing  pro- 


KENTUCKY  ELECTION  LAWS.  79 

visions,  and  the  list  of  officers  of  election  with  the  office  to  which 
each  person  is  appointed  shall  be  made  up  and  open  to  inspec- 
tion by  any  candidate,  not  later  than  the  noon  on  the  Satur- 
day preceding  the  day  of  the  primary. 

The  duties  herein  provided  shall  be  enforceable  against  said 
county  board  of  election  commissioners,  on  the  petition  of  any 
candidate,  by  the  writ  of  mandamus.  Proceedings  in  such  cases 
shall  be  instituted  in  the  circuit  court.  The  proceedings  shall 
be  summary  and  without  delay,  and  the  orders  of  the  court  shall 
be  final  and  not  appealable. 

§  1550.  (23.)  Challengers  and  inspectors.  Each  politi- 
cal party  shall  be  entitled  to  have  not  exceeding  two  challengers 
and  two  inspectors  at  each  precinct  during  the  holding  of  said 
primary  election,  same  to  be  appointed  and  to  serve  under  the 
f  olowing  conditions : 

Any  group  of  candidates  of  the  same  political  party  equal 
to  twenty-five  per  cent  of  all  the  candidates  for  such  party  to  be 
voted  for  in  a  county  (including  State,  district  and  all  other 
candidates)  in  any  primary  may  recommend  to  the  county  com- 
mittee or  governing  authority  of  such  party  for  the  county  a  list 
of  persons  whom  they  desire  to  have  appointed  as  challengers 
lind  inspectors  in  each  precinct  in  such  county.  If  more  than 
two  such  lists  are  furnished  said  committee  or  governing  author- 
ity as  herein  provided,  said  committee  or  governing  authority 
shall  in  making  appointments  of  challengers  and  inspectors  so 
alternate  between  the  several  lists  so  furnished  as  to  give  to  each 
list  an  equal  amount  or  proportion  of  the  appointments,  but 
in  no  event  shall  there  be  appointed  more  than  one  challenger 
and  one  inspector  for  any  precinct  from  any  one  list.  The  lists 
of  challengers  and  inspectors  herein  provided  shall  be  presented 
to  the  chairman  or  secretary  of  the  party  committee  of  the 
county  not  less  than  ten  days  before  the  date  on  which  the  pri- 
mary is  to  be  held ;  and  said  committee  or  the  chairman  thereof 
shall  make  the  appointments  and  certify  the  same  at  least  five 
days  before  the  date  on  which  said  primary  is  held.  Said  ap- 
pointment of  challengers  and  inspectors  shall  be  certified  in  all 
respects  as  challengers  and  inspectors  at  regular  elections,  ex- 
cept as  otherwise  herein  provided,  and  said  challengers  and 
inspectors  shall  be  subject  to  the  same  penalties  and  possess  the 


80  KENTUCKY  ELECTION  LAWS. 

same  rights  and  privileges  as  challengers  and  inspectors  at  gen- 
eral elections:  Provided,  That  the  challengers  of  one  political 
party  shall  not  be  entitled  to  challenge  those  persons  who  offer 
to  vote  for  candidates  of  any  other  party  in  such  primary ;  and 
the  inspectors  of  one  political  party  shall  not  be  permitted  to 
examine  or  inspect  the  ballots  or  returns  of  any  other  political 
party  than  the  one  for  which  he  was  appointed.  The  provisions 
of  this  section  shall  be  enforceable  against  the  chairman  of  the 
political  party  committees  in  the  same  manner  as  provided  in 
The  last- preceding  section  of  this  act. 

§  1550.  (24.)  Manner  of  voting.  Any  person  desiring  to 
vote  shall  give  his  name,  his  residence  and  the  name  of  his  polit- 
ical party  to  the  clerk  of  election,  who  shall  thereupon  announce 
the  same  in  the  presence  of  the  judge  of  election,  and  if  such 
person  is  entitled  to  vote  the  ballot  of  the  party  to  which  he 
claims  to  belong,  in  such  primary  election,  the  clerk  shall  write 
on  the  primary  stub  of  the  ballot  to  be  voted  by  such  person, 
his  name  and  residence.  The  clerk  shall  then  tear  off  the  ballot 
at  the  perforated  line  and  endorse  his  own  name  across  the 
back  of  the  ballot  and  then  deliver  the  ballot  to  the  elector,  who 
shall  be  entitled  to  receive  only  one  official  ballot,  and  when  the 
clerk  shall  deliver  said  ballot  to  the  elector,  said  elector  shall 
immediately  retire  to  a  voting  booth  and  there  prepare  his  bal- 
lot; and  when  he  has  prepared  it  he  shall  fold  it  so  as  to  con- 
ceal the  names  of  all  candidates  thereon  and  shall  immediately 
return  to  the  officers  of  election  and  deliver  his  folded  ballot  to 
the  judges  of  election.  The  judges  of  election  shall  in  the  pres- 
ence of  the  elector,  remove  the  secondary  stub  from  said  bal- 
lot and  deposit  said  ballot  in  the  box  provided  for  the  political 
party  for  which  it  is  cast. 

§  1550.  (25.)  Disposition  of  unused  ~ballots — Counting 
tote — Return  of  vote.  Immediately  after  the  close  of  the  polls 
ai  a  primary  nominating  election  and  before  the  ballot  boxes 
are  opened,  the  officers  of  election  shall  count  all  the  remaining 
ballots  that  have  not  been  used  and  shall  stamp  with  a  rubber 
stencil  the  word  ' '  unused ' '  upon  the  face  of  each  unused  ballot  so 
as  to  be  plainly  seen,  and  in  their  certificate  of  the  result  of 
the  election  they  shall  certify  how  many  ballots  were  not  used, 
and  the  ballots  that  were  not  used  shall  be  left  attached  to  the 


KENTUCKY  ELECTION  LAWS.  81 

stub  book,  which  shall  be  returned  to  the  county  clerk  as  is  now 
required  by  law.  The  county  clerk,  before  receipting  for  the 
ballot  boxes,  shall  count  the  unused  ballots  and  see  that  they  are 
properly  stamped,  and  in  his  receipt  given  to  the  election  offi- 
cers delivering  the  ballot  boxes  he  shall  state  the  number  of  un- 
used ballots,  and  that  the  same  are  properly  stamped.  Then  the 
names  of  the  electors  of  each  political  party  who  voted  at  said 
primary  nominating  election  shall  be  counted  and  the  number  so 
voting  for  each  political  party  shall  be  written  and  certified  in 
each  of  the  poll  books  on  a  blank  certificate  prepared  for  that 
purpose  and  signed  by  all  election  officers  at  the  precinct  in  the 
same  manner  as  is  provided,  or  may  hereafter  be  provided,  for 
certifying  and  signing  the  official  returns  in  said  primary  elec- 
tions or  the  returns  in  said  general  election.  Said  officers  of 
election  shall  count  the  number  of  ballots  cast  by  each  political 
party,  and  shall  keep  them  separate  so  that  all  the  ballots  be- 
longing to  one  party  shall  be  in  one  bunch  and  the  ballots  be- 
longing to  another  party  in  another  bunch,  and  so  on  as  to  all 
parties  who  participate  in  such  primary  elections.  As  soon  as 
the  officers  of  such  elections  have  thus  separated,  sorted  and 
bunched  the  ballots  for  each  political  party,  then  they  shall  take 
the  tally  sheets  provided  by  the  county  clerk  and  shall  count  all 
the  ballots  for  each  political  party  separately  until  the  count  is 
completed,  and  shall  certify  to  the  number  of  votes  for  each 
candidate  for  nomination  for  each  office  upon  the  ticket  of  each 
party.  They  shall  then  place  the  counted  ballots  in  the  ballot  box 
of  each  respective  political  party  after  first  fastening  and  seal- 
ing said  ballots  for  each  political  party  in  a  separate  bundle, 
and  sealing  them  for  transmission  to  the  county  clerk  as  is  now, 
or  may  hereafter,  be  required  for  the  transmission  of  ballots 
voted  at  regular  election.  Said  election  officers  shall  then  place 
the  tally  sheet  for  each  political  party  in  separate  envelopes  pro- 
vided for  that  purpose  by  the  county  court  clerk,  and  they  shall 
seal  said  envelopes  and  place  them  in  the  ballot  box  of  such 
party.  They  shall  then  place  all  contested,  disputed  and  spoiled 
ballots  in  envelopes  prepared  for  that  purpose  and  seal  the  same 
and  place  same  in  the  ballot  boxes.  Then  after  the  officers  of 
election  have  thus  counted,  certified  and  prepared  the  election 
returns,  they  shall  put  the  certified  election  returns  in  the  ballot 


82  KENTUCKY  ELECTION  LAWS. 

box  of  each  respective  political  party,  together  with  all  the  sup- 
plies that  are  to  be  used  in  connection  with^  said  election,  such 
as  stencil,  ink  pads,  sealing  wax,  stamps,  seals,  and  other  sup- 
plies that  are,  or  may  be  required  to  be  returned  to  the  county 
court  clerk,  and  lock  said  ballot  boxes;  and  the  sheriff  of  elec- 
tion and  that  judge  who  is  of  the  opposite  political  affiliation, 
diall  immediately  take  and  deliver*  said  ballot  boxes,  with  the 
election  returns  to  the  county  court  clerk,  and  the  same  shall  be 
received  and  receipted  for  in  the  same  manner  as  the  ballot 
boxes  and  election  returns  in  general  elections,  except  that  said 
ballot  boxes  shall  be  opened  by  the  county  court  clerk  and  the 
returns  therein  destroyed  within  ten  days  before  the  succeeding 
November  election:  Provided,  That  where  a  contest  has  been  in- 
stituted and  not  disposed  of,  the  ballot  boxes  shall  not  be  opened 
by  said  clerk  until  after  said  contest  has  been  finally  disposed  of. 
It  shall  be  the  duty  of  the  county  clerk  to  furnish  to  the  election 
officers  of  each  precinct  in  the  county  a  rubber  stencil  containing 
the  word  ' '  unused, ' '  the  letters  of  which  shall  not  be  less  than  one- 
half  inch  in  height.  Said  stencil  shall  be  returned  to  the  county 
clerk  at  the  same  time  and  in  the  same  manner  that  the  county 
election  seal  for  the  precinct  is  returned.  It  shall  also  be  the 
duty  of  the  county  clerk  to  have  this  act  printed  in  full  in  his 
instructions  to  election  officers. 

§  1550.  (26.)  Canvassing  returns — Certificates  of  nomi- 
nation. On  the  third  day  after  the  close  of  any  primary  nomi- 
nating election  the  County  Election  Commissioners  of  each  county 
shall  proceed  to  canvass  the  returns  of  said  primary  election  and 
tabulate  the  same.  The  tabulation  of  votes  for  all  offices  for 
which  the  nomination  papers  are  required  to  be  filed  in  the 
County  Clerk's  office  shall  be  on  another  separate  sheet  of  paper 
for  each  political  party  and  shall  be  filed  in  the  County  Clerk's 
office  immediately  after  the  canvass  of  the  returns  and  tabula- 
tion of  the  votes  by  said  Election  Commissioners;  and  certifi- 
cates of  nomination  shall  immediately  issue  to  the  persons  re- 
ceiving the  greatest  number  of  votes  for  offices  for  which  they 
were  candidates.  And  said  certificates  shall  not  less  than  fifteen 
days  next  before  the  day  on  which  the  general  November  election 
is  held,  be  filed  with  the  County  Clerk.  Such  tabulation  of  votes 
for  nominations  for  candidates  for  office  whose  nomination 


KENTUCKY  ELECTION  LAWS.  ,        83 

papers  are  now,  or  may  hereafter  be  required  to  be  filed  in  the  of- 
fice of  the  Secretary  of  State,  shall  be  made  on  one  separate  sheet 
for  each  political  party  and  shall  be  immediately  transmitted 
under  seal  to  the  Secretary  of  State,  in  like  manner  as  other 
election  returns  are  transmitted  to  him.  On  the  fourteenth  day 
after  such  primary  nominating  election  the  State  Board  of 
Election  Commissioners  shall  meet  at  the  Capitol  and  canvass 
the  returns  of  said  primary  election  that  have  been  crtified  and 
filed  with  the  Secretary  of  State  for  all  officers  where  the  returns 
are  required  to  be  certified  to  and  filed  with  the  Secretary  of 
State  for  all  the  political  parties  entitled  to  participate  in  such 
primary  nominating  election ;  and  after  they  have  completed  the 
tabulation  and  canvass  of  the  returns  of  said  primary  nominat- 
ing election  they  shall  immediately  certify  to  the  same,  and  they 
shall  issue  to  that  candidate  of  each  political  party  receiving  the 
highest  number  of  votes  for  the  office  for  which  he  was  a  candi- 
date, a  certificate  of  nomination,  which  certificate  shall,  not  less 
than  thirty  days  next  before  the  day  on  which  the  general 
November  election  is  held,  be  filed  in  the  office  of  the  Secretary  of 
State.  The  Secretary  of  State  shall,  not  less  than  twenty  days 
before  the  day  on  which  the  general  November  election  is  held, 
certify  under  the  seal  of  his  office  the  persons  whose  names  are 
entitled  to  be  printed  on  the  official  ballot  at  the  November 
election  as  the  candidates  of  the  various  political  parties  for  the 
offices  to  be  filled  at  such  election,  and  who  have  been  nominated 
as  herein  provided ;  and  he  shall  make  and  transmit  by  registered 
mail,  a  duplicate  of  such  list  and  certificate  of  nomination  of 
candidates  for  offices  to  the  County  Court  Clerks  of  every  county 
in  the  State  where  the  candidate  is  to  be  voted  for  by  the  State 
at  large,  and  he  shall  so  transmit  the  names  of  such  candidates 
to  the  County  Court  Clerks  of  each  and  every  county  in  the  dis- 
trict in  which  such  candidate  is  to  be  voted  for  where  the  can- 
didate is  to  be  voted  for  by  a  district  composed  of  more  than  one 
county. 

§  1550.  (27.)  Omissions  or  errors  of  officers — Review  by 
court.  Whenever  it  shall  be  made  to  appear  by  affidavit  accom- 
panied by  a  motion,  filed  in  the  Circuit  Court  in  the  county 
where  the  cause  of  action  arises,  as  hereinafter  provided,  that  an 
error  or  omission  has  occurred  or  is  about  to  occur  in  the  plac- 


84  KENTUCKY  ELECTION  LAWS. 

ing  or  failing  to  place  the  name  of  any  candidate  oji  the  official 
primary  ballot,  or  that  an  error  or  wrong  has  been  or  is  about  to 
be  committed  in  the  printing  of  said  ballots,  or  any  officer  has 
failed  or  is  about  to  fail  to  perform  any  duty  imposed  by  this 
Act,  the  court  shall  order  the  officer  or  person  charged  with  such 
error,  wrong,  neglect  or  failure  to  forthwith  correct  the  error, 
desist  from  such  wrongful  act,  to  supply  the  failure,  or  to  per- 
form the  duty,  or  show  good  cause  ,why  he  should  not  be  com- 
pelled so  to  do.  Failure  to  obey  the  orders  of  the  judge  or  court 
h'hall  be  treated  as  a  contempt  of  court,  and  may  be  punished  as 
Rich.  Any  officer  whose  duty  it  is  to  prepare  or  furnish  bal- 
lots as  required  under  this  Act,  who  shall  willfully  or  neglectfully 
fail  to  do  so,  shall,  upon  conviction  therefor  be  fined  not 
less  than  one  thousand  ($1,000.00)  dollars  nor  more  than  two 
thousand  ($2,000.00)  dollars  for  each  offense  and  in  addition 
Thereto  may  be  imprisoned  in  the  county  jail  not  less  than  sixty 
days  nor  more  than  six  months.  If  the  Circuit  Court  be  not  in 
session  in  the  county,  the  Circuit  Judge  of  the  district  in  which 
the  county  lies  shall  hear  and  determine  the  matter.  If  the  Cir- 
cuit Judge  of  the  district  in  which  the  county  lies  be  absent  from 
the  district,  then  the  motion  and  affidavit  shall  be  filed  before  thje 
Circuit  Judge  of  a  contiguous  district,  if  he  be  therein  at  the 
time,  and  if  not,  then  before  any  Circuit  Judge  in  the  Common- 
wealth. And  any  of  the  circuit  judges  above  indicated  shall  have 
full  power  to  hear  the  complaint  during  court  or  in  vacation 
in  a  summary  manner,  and  to  determine  and  make  final  orders 
therein ;  and  when  any  such  order  is  made,  it  shall  be  conclusive 
and  not  subject  to  appeal. 

Of  the  filing  of  the  motion  and  affidavit,  and  the  time  and 
place  of  hearing  thereon  the  officer  or  person  against  whom 
same  is  directed  shall  have  notice,  which  notice  shall  be  served 
as  notices  are  directed  to  be  served  under  the  provisions  of  the 
Civil  Code  of  Practice. 

Candidates  only  shall  have  the  right  to  institute  proceed- 
ings under  this  section,  and  the  candidates  shall  pay  the  costs 
of  the  proceedings. 

§  1550.  (28.)  Contests.  Any  candidate  wishing  to  con- 
test the  nomination  of  any  other  candidate  who  was  voted  for 
at  any  primary  election  under  this  act  shall  give  notice  in  writ- 


KENTUCKY  ELECTION  LAWS.  85 

ing  to  the  person  whose  nomination  he  intends  to  contest,  stat- 
ing the  grounds  of  such  contest,  within  five  days  from  the  time 
the  Election  Commissioners  shall  have  awarded  the  certificate  of 
nomination  to  such  candidate  whose  nomination  is  contested. 
Said  notice  shall  be  served  in  the  same  manner  as  a  summons 
from  the  Circuit  Court,  and  shall  warn  the  contestee  of  the  time 
and  place,  when  and  where  the  contestee  shall  be  required  to 
answer  and  defend  such  contest,  which  shall  not  be  less  than 
three,  nor  more  than  ten  days  after  the  service  thereof.  Such 
contest  shall  be  tried  by  the  Judge  of  the  Circuit  Court  of  the 
county  in  which  the  contestee  resides  or  is  served.  Upon  re- 
turn of  said  notice  properly  executed  as  herein  provided,  to  the 
office  of  the  Circuit  Clerk  of  the  county  in  which  said  contestee 
resides  or  is  served  with  such  notice  of  contest,  it  shall  be  the 
duty  of  the  Clerk  of  the  Circuit  Court  to  immediately  docket 
said  cause  and  to  immediately  notify  the  presiding  judge  of  the 
Circuit  Court  of  said  county  that  such  contest  has  been  instituted : 
Provided,  That  in  counties  constituting  separate  Circuit  Court 
Districts  and  having  more  than  one  Circuit  Judge  the  judge  who 
shall  hear  and  determine  such  cause  shall  be  determined  by  lot. 
On  or  before  the  time  for  the  return  of  said  notice  of  contest, 
the  contestee  may  controvert  the  grounds  of  contest  and  may 
also  set  up  additional  grounds  of  contest  against  the  contestant. 
If  additional  grounds  of  contest  are  set  up  by  the  response  of 
the  contestee  the  court  may  allow  the  contestant  reasonable  time, 
:iot  to  exceed  three  days,  however,  in  which  to  reply;  but  no 
additional  grounds  of  contest  shall  be  set  up  in  any  reply,  and 
the  cause  shall  be  tried  upon  the  grounds  of  contest  contained  in 
the  original  notice  by  the  contestant  and  the  response  of  the 
contestee.  Each  party  to  such  contest  shall  be  entitled  in  the 
production  of  evidence  to  be  used  on  the  trial  thereof  to  all  the 
remedies  allowed  in  cases  at  law  and  in  equity,  and  the  judge 
shall  proceed  to  a  trial  of  said  cause  within  five  days  after  the 
issue  is  joined  as  herein  provided.  In  trying  such  contests  the 
court  shall  hear  and  determine  all  questions  of  law  and  fact 
without  the  intervention  of  a  jury  and  may  examine  the  wit- 
nesses orally  or  require  the  parties  to  take  the  evidence  by  depo- 
sitions, in  the  discretion  of  the  court,  or  as  may  be  agreed  by 
the  parties:  Provided,  however,  That  if  the  evidence  is  taken 


86  KENTUCKY  ELECTION  LAWS. 

orally  either  party  may  have  the  right  to  require  it  to  be  taken 
by  the  official  stenographer  or  reporter  for  the  court,  to  be  taken 
and  transcribed  and  paid  for  as  evidence  in  other  civil  actions. 
The  court  may  require  the  contestant,  or  the  person  who  has  the 
burden  of  proof  under  the  issue  joined,  to  complete  his  proof 
in  not  less  than  five  days,  and  the  contestee,  or  the  persons  not 
having  the  burden,  to  complete  his  proof  in  not  less  than  five 
days  thereafter,  and  each  party  may  be  given  one  day  additional 
for  producing  evidence  in  rebuttal,  and  no  greater  time  shall  be 
extended,  unless  the  court  be  satisfied  that  the  ends  of  justice 
demand  it.  The  court  shall,  immediately  after  the  evidence  is 
concluded,  consider  said  contest  and  determine  the  same,  and  his 
judgment  shall  be  filed  in  the  office  of  the  Circuit  Court  Clerk  as 
the  judgment  of  the  court,  and  shall  have  the  same  force  and 
effect  as  a  judgment  rendered  by  the  court  in  term  time.  The 
party  desiring  to  appeal  from  the  judgment  of  the  court  shall, 
on  the  same  day  after  the  same  is  rendered,  execute  a  super- 
e-edeas  bond  in  the  same  form  and  to  the  same  effect  as  other 
supersedeas  bonds  in  other  civil  actions  for  an  appeal  to  the 
Court  of  Appeals,  and  the  clerk  shall  immediately  thereafter- 
wards  transmit  to  the  Clerk  of  the  Court  of  Appeals  the  orig- 
inal papers  in  said  contest,  including  such  transcript  of  evidence 
as  may  be  furnished  or  as  may  be  required  by  the  court  or  by 
the  parties,  and  said  record  of  said  contest,  when  received  by 
the  Clerk  of  the  Court  of  Appeals,  shall  be  immediately  deliv- 
ered to  the  Chief  Justice,  and  said  contest  shall  have  precedence 
over  all  other  Business  and  causes  then  pending  in  the  Court  of 
Appeals  and  shall  be  heard  and  disposed  of  by  the  Court  of 
Appeals  as  speedily  as  the  exigencies  in  the  case  will  admit.  If 
on  the  trial  of  such  contest  the  issue  is  finally  decided  in  favor 
of  the  contestee  this  fact  shall  be  certified  to  the  Secretary  of 
State,  and  to  the  County  Court  Clerk  of  the  county  in  which  the 
cause  is  finally  determined.  If  said  contest  is  finally  decided  in 
favor  of  the  contestant  this  fact  shall  be  certified  to  the  Sec- 
retary of  State,  and  to  the  Clerk  of  the  Circuit  Court  of  the 
county  in  which  the  contest  originated;  and  if  the  contest  was 
of  a  nomination  that  is  required  to  be  certified  to  the  Secretary 
of  State,  then  the  Secretary  of  State  will  place  the  name  of  the 
successful  contestant  on  the  ticket  in  the  place  of  the  name  of  the 


KENTUCKY  ELECTION  LAWS.  87 

contestee  to  be  voted  for  by  his  political  party  at  the  succeeding 
November  election.  If  the  nomination  is  one  that  is  required  to 
be  certified  to  the  County  Court  Clerk,  then  the  County  Court 
Clerk  or  clerks  of  the  countj^or  counties  in  which  such  candidate 
is  to  be  voted  for,  shall  place  the  name  of  the  successful  con- 
testant on  the  ballot  of  his  political  party  in  lieu  of  the  name  of 
the  contestee,  to  be  voted  for  at  the  succeeding  November  elec- 
tion: Provided,  however,  That  when  the  contests  provided  for 
in  this  act  shall  be  for  nomination  to  offices  for  the  State  at  large, 
the  notice  of  the  contest  shall  be  filed  and  the  contest  tried  in  the 
Franklin  Circuit  Court;  but  shall  otherwise  be  subject  to  the 
provisions  of  this  act. 

§  1550.  (29.)  Election  supplies  and  expenses.  All  the 
supplies  for  holding  said  primary  elections,  and  all  the  expenses 
of  such  primary  elections  shall  be  furnished  and  paid  for  in  the 
same  manner  and  by  the  same  authority  as  the  like  supplies  and 
vr;xpenses  of  the  general  election ;  and  the  paper  for  the  printing 
of  the  ballots  for  the  primary  nominating  election  shall  be  fur- 
nished in  the  same  way  and  paid  for  in  the  same  way  as  the 
paper  used  for  printing  the  ballots  for  the  regular  election ;  and 
the  printing  of  the  ballots  and  the  distribution  of  the  same,  ex- 
cept as  otherwise  herein  provided,  shall  be  in  the  same  manner  as 
:s  now,  or  may  hereafter  be  prescribed  for  the  printing  and  dis- 
tribution of  ballots  for  the  general  election;  and  all  officers 
shall  receive  the  same  fees  for  services  rendered  in  the  holding 
of  the  primary  nominating  election  as  are  paid  for  the  same  or 
similar  services  in  holding  the  general  election,  and  payable  in 
the  same  manner  and  by  the  same  authority. 

§  1550.  (30.)  County  clerks — Compensations.  For  his 
services  under  this  Act,  the  County  Clerk  shall  receive  the  fol- 
lowing fees  and  no  other :  For  every  declaration  filed  by  a  can- 
didate, one  dollar,  which  is  to  be  paid  by  the  candidate  upon 
the  filing  of  his  declaration;  for  publishing  the  list  of  names 
of  the  candidates  before  the  primary,  twenty-five  cents  for  each 
name,  and  the  cost  of  printing;  for  each  name  specially  regis- 
tered by  him  as  herein  provided,  ten  cents.  All  fees  and  ex- 
penses incurred  under  this  act,  except  the  one  above  specifically 
mentioned,  shall  be  paid  as  other  election  expenses  are  paid  un- 
der the  law. 


88  KENTUCKY  ELECTION  LAWS. 

§  1550.  (31.)  Forgery  of  signatures.  Any  person  who 
shall  forge  any  name  of  a  signer  to  a  nomination  paper  shall 
be  guilty  of  forgery,  and  on  conviction,  be  punished  accord- 
ingly. 

§  1550.  (32.)  Suppression  of  nomination  papers.  Any 
person  who,  being  in  possession  of  nomination  papers  entitled  to 
be  filed  under  this  act,  shall  wrongfully  either  alter,  mutilate 
cr  suppress,  neglect  or  fail  to  cause  the  same  to  be  filed  at  the 
proper  time  in  the  proper  office,  shall  be  guilty  of  a  misdemeanor 
and,  on  conviction,  be  punished  by  imprisonment  in  the  county 
jail  not  to  exceed  six  months,  or  by  a  fine  not  to  exceed  $500.00, 
or  both  such  fine  and  imprisonment. 

§  1550.  (33.)  County  clerk — Penalty  against  for  wrong- 
ful acts.  The  county  clerk  shall  be  under  the  same  duties  and 
subject  to  the  same  liabilities  for  failure  to  perform  same,  with 
reference  to  printing  the  ballots  for  primary  elections  held  un- 
der this  act,  as  he  now  is  with  reference  to  the  November  elec- 
tions. Any  county  clerk  who  shall  knowingly  cause  to  be  printed 
on  any  official  primary  ballot  the  name  of  any  candidate  who  has 
not  filed  the  nomination  paper  required  by  this  act,  or  who  shall 
knowingly  fail  to  cause  the  name  of  any  candidate  who  has  com- 
plied therewith  to  -be  printed  upon  the  proper  ballot,  .or  who 
shall  knowingly  cause  to  be  printed  upon  the  ballot  for  the  reg- 
ular election  the  name  of  any  candidate  of  any  political  party 
embraced  in  this  act  who  was  not  nominated  in  the  manner  pro- 
vided in  this  act,  shall  forfeit  his  office  and  be  guilty  of  a  fel- 
ony fcrd,  upon  conviction,  be  confined  in  the  penitentiary  for  not 
'ess  than  one  year  nor  for  more  than  three  years. 

Any  county  clerk  who  shall  register  any  person  specially 
under  the  provisions  of  this  act,  without  administering  and 
preserving  in  a  book  the  affidavits  herein  provided  for,  shall  be 
guilty  of  a  misdemeanor,  and,  upon  conviction,  be  fined  not  less 
than  $25.00  nor  more  than  $200.00. 

§  1550.  (34.)  Secretary  of  State — Penalties  against  for 
wrongful  acts.  Any  Secretary  of  State  wTho  shall  knowingly 
certify  to  the  county  clerk  of  any  county  the  name  of  any  can- 
didate who  has  not  filed  the  nomination  paper  provided  for  by 
this  act,  or  who  shall  knowingly  fail  to  certify  the  name  of  any 
candidate  for  whom  the  proper  nominating  paper  has  been  filed 


KENTUCKY  ELECTION  LAWS.  89 

with  him,  as  herein  provided,  or  who  shall  knowingly  certify 
to  any  county  clerk  the  name  of  any  candidate  of  any  political 
party  embraced  in  this  act,  to  be  printed  on  the  ballots  for  the 
November  election,  who  was  not  nominated  in  the  manner  pro- 
vided in  this  act,  shall  forfeit  his  office  and  be  guilty  of  a  felony, 
and  upon  conviction,  be  confined  in  the  penitentiary  for  not 
less  than  one  year  nor  more  than  three  years. 

§  1550.  (35.)*  Penalties.  Any  act  or  deed  denounced  by 
the  general  laws  of  the  State  concerning  elections  shall  also  be 
an  offense  under  this  act,  and  shall  be  punishable  in  the  same 
form  and  manner  as  provided  for  the  punishment  of  like  offense 
against  the  general  election  lawrs,  and  all  the  penalties  denounced 
for  violation  of  the  general  election  laws  shall  apply  with  equal 
and  like  force  to  all  and  similar  violations  and  infractions  of  the 
provisions  of  this  act,  and  shall  be  as  effective  as  though  fully 
set  out  herein. 

§  1550.  (36.)  Rules  applying  to  primaries.  Except  as 
Lerein  otherwise  provided,  primary  elections  under  this  act  shall 
be  conducted  substantially  as  now  provided  by  law  in  case  of 
regular  elections.  Any  omission  in  this  act  shall  be  supplied  as 
nearly  as  practicable  from  the  Statutes  governing  the  November 
elections.  This  act  shall  be  liberally  construed  so  as  to  carry  out 
its  purpose,  and  give  to  the  voters  of  the  different  parties  an 
opportunity  to  select  their  candidates. 

.§  1550.  (37.)  Repeal.  All  acts  or  parts  of  acts  inconsist- 
ent with  this  act,  or  in  conflict  with  the  provisions  of  this  act, 
are  hereby  repealed. 

§  1550.  (38.)  Emergency.  It  being  the  sense  of  the  Gen- 
eral Assembly  that  the  foregoing  amendments  should  become 
effective  as  to  the  primary  elections  to  be  held  in  the  year  1914, 
an  emergency  is  declared  to  exist,  and  this  amendatory  act 
&hall  become  effective  upon  its  passage  and  approval  by  the  Gov- 
ernor, and  laws  which  are  in  conflict  herewith  are  hereby  re- 
pealed. 


90  KENTUCKY  ELECTION  LAWS. 

ARTICLE  Xlla. 
CORRUPT  PRACTICE  ACT. 

AN  ACT  to  promote  pure  elections,  primaries  and  conventions 
and  to  prevent  corrupt  practice  in  the  same ;  to  limit  the 
expenses  of  candidates ;  to  prescribe  the  duties  of  candidates 
and  providing  penalties  and  remedies  for  violations,  and 
declaring  void,  under  certain  conditions,  elections  in  which 
these  provisions  or  any  of  them  have  been  violated. 

Be  it  enacted  Toy  the  General  Assembly  of  the  Common- 
wealth of  Kentucky : 

§  15656.  1.  It  shall  be  unlawful  for  any  public  service 
corporation,  engaged  in  business  in  this  State,  to  contribute, 
either  directly  or  indirectly,  any  money,  service  or  other  thing 
of  value,  towards  the  nomination  or  election  of  any  State,  county, 
city,  town,  municipal  or  district  officer. 

It  shall  be  unlawful  for  any  corporation,  person,  company 
or  association,  to  contribute,  either  directly  or  indirectly;  money, 
service  or  other  thing  of  value,  towards  the  nomination  or  elec- 
tion of  any  State,  county,  city,  town,  district  or  municipal  of- 
ficer; if  any  such  officer,  in  his  official  capacity,  is  required  by 
law  to  perform  any  duties  peculiar  to  such  corporation,  person, 
company  or  association  not  common  to  the  general  public,  or  if 
it  is  the  duty  of  such  officer  to  supervise,  regulate  or  control  in 
any  way  or  manner,  the  affairs  of  such  corporation,  company, 
person  or  association,  or  if  such  officer  has  any  duty  to  perform 
in  assessing  the  property  of  any  such  corporation,  person,  com- 
pany or  association  for  taxation.  No  officer  or  agent  of  any  pub- 
iic  service  corporation,  or  any  other  corporation  in  the  class 
above  mentioned,  and  no  officer  or  agent  of  any  company  or  asso- 
ciation, and  no  agent  for  any  person  in  the  class  above  men- 
tioned, shall  contribute,  either  directly  or  indirectly,  for  or  on 
behalf  of  any  such  corporation,  company,  association  or  person 
in  money,  service  or  other  thing  of  value  towards  the  nomina- 
tion or  election  of  any  State,  county,  city,  town,  district  or 
municipal  officer.  No  attorney  shall  accept  employment  and 
compensation  from  any  corporation  mentioned  above,  or  from 
any  person,  company,  or  association  mentioned  above,  with  the 


KENTUCKY  ELECTION  LAWS.  91 

understanding  or  agreement,  either  verbal,  written  or  implied, 
that  he  will  contribute  all  or  any  part  of  such  compensation  so 
received,  either  directly  or  indirectly,  towards  the  nomination 
or  election  of  any  State,  county,  city,  town,  district  or  municipal 
officer.  No  corporation,  company,  association  or  person  men- 
tioned above  shall  pay,  promise,  loan  or  become  pecuniarily  liable 
in  any  way  for  any  money,  or  other  valuable  thing  in  behalf  of 
any  candidate  for  office  at  any  election,  primary  or  nominating 
convention  held  in  this  State,  and  no  officer  or  agent  of  any 
such  corporation,  association  or  company  shall,  on  behalf  of 
such  corporation,  company  or  association,  pay,  promise,  loan  or 
become  pecuniarily  liable  in  any  way  for  any  money,  or  other 
valuable  thing,  in  behalf  of  any  candidate  for  office  at  any  elec- 
tion, primary  or  nominating  convention  held  in  this  State.  Any 
corporation,  company,  association  or  person,  or  any  officer  or 
agent  of  any  such  corporation,  company  or  association,  or  any 
cigent  for  any  person,  who  shall  be  guilty  of  any  violation  of  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  fined  in  any  sum  not  ex- 
ceeding $10,000.00  and  imprisoned  in  the  county  jail  not  less 
than  thirty  days  and  not  exceeding  one  year,  and  any  attorney 
violating  the  provisions  of  this  section  shall  be  subject  to  a  like 
penalty,  and  in  addition  he  shall  be  debarred  from  the  practice 
of  law  in  this  State,  and  the  judgment  of  conviction  shall  so  de- 
clare. 

It  shall  be  unlawful  for  any  corporation  not  falling  within 
the  above  mentioned  classes  to  contribute,  either  directly  or  in- 
directly, any  money,  service  or  othe"r  thing  of  value  towards  the 
nomination  or  election  of  any  State,  county,  city,  town,  munic- 
ipal or  district  officer;  or  to  expend,  pay,  promise,  loan  or  be- 
come peculiarity  liable  in  any  way  for  any  money,  or  other  val- 
uable thing  in  behalf  of  any  candidate  for  office  at  any  election, 
primary  or  nominating  convention  held  in  this  State;  and  no 
officer  or  agent  of  any  such  corporation  shall  for,  and  in  behalf 
of,  such  corporation,  contribute,  either  directly  or  indirectly, 
any  money,  service  or  other  thing  of  value,  towards  the  nomi- 
nation or  election  of  any  State,  county,  city,  town,  municipal  or 
district  officer,  and  no  attorney  or  other  person  shall  accept 
employment  and  compensation  from  such  corporation  with  the1 


92  KENTUCKY  ELECTION  LAWS.     • 

understanding  or  agreement,  either  direct  or  implied,  that  he 
will  contribute  to  any  such  candidate,  or  in  his  behalf,  all,  or  any 
part,  of  such  compensation.  Any  such  corporation  or  any  offi- 
cer or  agent  of  such  corporation  violating  the  provisions  of  this 
paragraph  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  in  any  sum  not  excediiig  $1,000.00,  and 
any  such  officer  or  agent  of  any  such  corporation  shall  be  im- 
prisoned not  exceeding  one  year,  and  any  attorney  violating  the 
provisions  of  this  paragraph  shall  be  subject  to  the  same  pen- 
alties, and  in  addition  shall  be  debarred  from  the  practice  of 
law,  and  the  judgment  of  conviction  shall  so  declare. 

§  1565&.  (2.)  It  shall  be  unlawful  for  any  corporation, 
person,  company  or  individual  to  coerce,  or  direct,  any  em- 
ploye to  vote  for  any  party  or  person  who  may  be  a  candidate 
for  any  office,  in  this  State,  or  for  any  person  who  may  be  a  can- 
didate for  a  nomination  for  any  office,  or  to  threaten  to  dis- 
charge such  employe  if  he  votes  for  any  candidate ;  or  if  such  em- 
ploye is  discharged  on  account  of  his  exercise  of  suffrage,  or  to 
give  out,  or  circulate  any  statement  or  report  that  such  employes 
are  expected,  or  have  been  requested  or  directed  by  such  corpora- 
tion, person,  individual  or  company,  or  by  any  one  acting  for 
such,  or  any  such,  to  vote  for  any  person,  group  of  persons,  or 
measure,  and  any  person,  corporation  or  company,  violating  this 
section,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  in  any  sum  not  to  exceed  and  not  less  than 
$1,000.00  nor  more  than  $5,000.00  or  imprisonment  in  the  county 
jail  not  to  exceed  six  months  or  both. 

§  156 5 &.  (3.)  It  shall  be  unlawful  for  any  person  who  is 
a  candidate  for  nomination  or  election  for  any  State,  county, 
city,  town,  municipal  or  district  office  to  expend,  pay,  promise, 
loan  or  become  pecuniarly  liable  in  any  way  for  money,  or  other 
thing  of  value,  either  directly  or  indirectly,  or  to  agree  or  enter 
into  any  contract  with  any  corporation,  association  or  person  to 
vote  for  or  support  any  particular  thing  or  measure  in  consid- 
eration of  the  vote  or  support,  moral  or  financial,  of  any  such 
corporation,  association  or  person,  and  it  shall  be  unlawful  for 
any  corporation,  association  or  person  to  demand  that  any  can- 
didate for  office  shall  promise  or  agree  in  advance  or  shall  make 
any  contract,  oral  or  written,  to  support  any  particular  individ- 


KENTUCKY  ELECTION  LAWS.  93 

ual,  thing  or  measure,  in  consideration  for  the  vote  or  the  sup- 
port, financial  or  moral,  of  such  corporation,  or  person,  in  any 
election,  primary  or  nominating  convention,  but  no  expenditure 
made  by  any  candidate,  or  others  for  him,  for  the  purpose  of  em- 
ploying and  paying  clerks  and  stenographers,  or  for  printing 
find  advertising,  or  in  securing  suitable  halls  for  public  speak- 
ing or  suitable  headquarters,  stationery  and  stamps,  or  actual 
traveling  expenses,  shall  be  deemed  illegal,  and  any  person,  cor- 
poration, or  company  violating  this  section  shall  be  fined  in  any 
sum  not  to  exceed  $5,000.00  or  be  imprisoned  in  the  county  jail 
not  to  exceed  six  months  or  both. 

§  1565&.  (4.)  Any  person  who  shall  be  a  candidate  before 
any  caucus  or  convention,  or  at  any  primary  election,  before  any 
final  election  for  any  State,  city,  county,  town,  municipal  or 
district  office  shall,  between  the  tenth  and  the  fiftenth  day  be- 
fore the  date  for  making  such  nomination,  and  also  between  the 
tenth  and  fifteenth  day  before  the  final  election,  file  with  the 
officer  with  whom  his  nomination  papers  must  be  filed  in  case  of 
a  primary?  and  with  the  chairman  of  the  board  authorized  to 
issue  the  certificate  of  election  after  a  final  election,  or  with  the 
Secretary  of  State,  when  nomination  is  made  by  caucus  or  con- 
vention for  officers  of  the  State  at  large,  and  in  all  other  cases 
with  the  county  clerk  of  the  county  wherein  the  candidate  re- 
sides, a  statement  in  writing,  which  statement  shall  be  sub- 
scribed and  sworn  to  by  such  candidate  and  which  shall  set  forth 
in  detail  all  sums  of  money,  or  other  things  of  value,  contributed, 
disbursed,  expended  or  promised  by  him,  and  to  the  best  of  his 
knowledge  and  belief,  by  any  person  in  his  behalf,  wholly  or  in 
part,  endeavoring  to  secure  his  nomination  or  election  to  such 
office  or  place ;  and  also  sums  of  money  contributed,  disbursed, 
expended  or  promised  by  him  in  support  and  in  connection  with 
the  nomination  or  election  of  any  other  person  at  such  election, 
primary  or  nominating  convention,  and  showing  the  dates  when, 
the  person  to  whom,  and  the  purpose  for  whch,  all  such  sums 
were  paid,  expended  or  promised.  Said  statement  shall  set 
forth  in  detail  each  item  of  contribution  or  expenditure,  and  he 
phall,  before  some  officer  qualified  to  administer  oaths,  sub- 
scribe and  file  with  said  statement  the  following  oath : 

•  "I  do  solemnly  swear  (or  affirm)  that  the  statement  here- 


94  KENTUCKY  ELECTION  LAWS. 

with  filed  embraces  all  money  spent  by  me,  or  in  my  behalf  with 
my  knowledge;  by  any  person  for  me;  that  I  have  neither,  di- 
rectly nor  indirectly,  arranged  for  or  encouraged  the  spending' 
of  any  money  other  than  as  shown  in  my  statement ;  that  I  have 
not  repaid  any  money  so  spent  or  claimed  to  have  been  spent, 
and  that  I  will  not  do  so,  and  that  I  have  not  violated  any  of 
the  provisions  of  this  act  in  letter  or  in  spirit." 

§'  1565&.  (5.)  Any  campaign  committee  or  individual 
having  charge  of  the  candidacy  of  any  person  or  group  of  per- 
sons, or  managing  or  paying  the  expenses,  or  contributing  to  the 
expenses  of  a  campaign  for  the  adoption  or  rejection  of  any 
question  submitted  to  the  people  for  their  approval  or  rejection 
at  any  election  shall  make  out  a  statement  in  the  same  manner 
and  form  as  that  provided  for  the  candidate  in  this  act,  and  it 
shall  be  verified  by  the  chairman  or  secretary  of  the  campaign 
committee  or  person  acting  in  the  capacity  of  chairman  or  secre- 
tary of  such  committee,  and  said  statement  shall  be  filed  with  the 
same  officers  with  whom  the  candidates  are  required  to  file  their 
statement.  Any  person  violating  the  provision  of  this  section 
snail  be  fined  not  less  than  one  hundred  dollars  nor  more  than 
five  thousand  dollars  or  confined  in  the  county  jail  at  hard  labor 
for  not  less  than  one  month  or  more  than  twelve  months  or  so 
both  fined  and  imprisoned. 

§  1565&.  (6.)  Every  candidate,  as  previously  mentioned 
in  this  act,  and  every  campaign  committee,  person  or  persons  in 
charge  of  said  campaign,  shall  within  thirty  days  after  the 
election,  caucus,  convention  or  primary  election  held  to  fill  any 
office  or  place  for  which  such  person  may  be  a  candidate,  make 
out  and  file  with  the  officers  above  mentioned  a  statement  sub- 
scribed and  sworn  to  as  indicated  in  previous  sections,  which 
statement  shall  set  forth  in  detail  all  sums  of  money  contributed, 
disbursed,  expended  or  promised  by  him,  and  to  the  best  of  his 
knowledge  and  belief,  by  any  person  in  his  behalf,  wholly  or  in 
part,  endeavoring  to  secure  his  nomination  or  election  to  said 
office,  and  also  all  sums  of  money  contributed,  disbursed,  ex- 
pended or  promised  by  him  in  support  and  in  connection  with 
the  nomination  or  election  of  any  other  persons  at  such  election, 
primary,  caucus  or  nominating  convention  showing  the  dates 
when,  persons  to  whom  and  the  purpose  for  which  all  such  sums 


KENTUCKY  ELECTION  LAWS.  95 

were  paid,  expended  or  promised:  Provided,  however,  That  the 
statement  provided  for  in  this  section  shall  relate  to  matters  oc- 
curring after  the  filing  of  the  first  statement  provided  for  in  this 
act. 

§  1565&.  (7.)  No  officer  or  board  authorized  by  law  to  is- 
sue certificates  of  election  or  nomination  shall  issue  any  such 
certificates  to  any  person  until  the  statements  required  by  this 
act  shall  have  been  made  and  filed  as  required. 

§  1565&.  (8.)  Any  person  failing  to  comply  with  the 
above  provisions  by  failing  to  file  the  statement  or  statements  as 
required  shall  be  liable  to  a  fine  not  exceeding  $500.00.  which 
may  be  recovered  by  indictment  or  by  penal  action. 

§  1565&.  (9.)  No  person  shall  be  permitted  to  qualify  as 
an  elective  officer  or  receive  a  certificate  of  nomination  until. he 
shall  have  filed  the  statements  as  provided  by  this  act,  and  no 
officer  shall  receive  any  salary  or  emolument  for  any  period  prior 
to  the  filing  of  such  statements. 

§  15655.  (10.)  Said  statements  when  filed  as  required  by 
this  act  shall  at  all  times  be  open  to  public  inspection  and  copies 
thereof  may  be  obtained  by  any  person  desiring  same. 

§  1565&.  (11.)  In  any  contest  over  the  nomination  or 
election  of  any  officer  mentioned  in  this  act,  it  may  be  alleged 
in  the  pleadings  that  the  provisions  of  this  act  have  been  vio- 
lated by  the  candidate  or  by  others  in  his  behalf  with  his  know- 
ledge, and  if  it  so  appears  upon  the  trial  of  said  contest,  then 
said  nomination  or  election  shall  be  declared  void,  and  it  is 
hereby  provided  that  the  candidate  who  has  received  the  next 
highest  number  of  votes  and  who  has  not  violated  the  provis- 
ions of  this  act  shall  be  declared  nominated  or  elected  unless  it 
also  appears  that  one  of  the  parties  to  the  contest  received  a 
plurality  of  the  votes  cast  and  did  not  violate  the  provisions  of 
this  act. 

§  1565&.  (12.)  The  provisions  of  this  act  shall  apply  to  the 
nomination  and  election  of  members  of  the  General  Assembly. 

§  1565&.  (13.)  No  candidate  for  Governor  in  a  primary 
election  or  before  a  convention  in  this  State,  shall  expend  ex- 
ceeding $10,000.00,  including  that  expended  in  his  behalf  by 
others,  and  this  sum  shall  not  be  exceeded  in  the  final  election ; 
no  other  candidate  for  office  from  the  State  at  large  shall  expend, 


96  KENTUCKY  ELECTION  LAWS. 

or  have  expended  in  his  behalf  together  exceeding  $5,000.00  in 
a  primary  election  or  before  a  convention,  and  this  sum  shall  not 
be  exceeded  in  the  final  election. 

§  15656.  (14.)  No  candidate  for  Railroad  Commissioner 
in  a  primary  election  or  before  a  convention,  shall  expend,  or 
have  expended  for  him  together,  exceeding  $3,000.00,  and  this 
sum  shall  not  be  exceeded  in  the  final  election ;  no  candidate  for 
judge  of  the  Court  of  Appeals  in  a  primary  election  or  before  a 
convention,  shall  expend,  or  have  expended  for  him  together, 
exceeding  $3,000.00,  and  this  sum  shall  not  be  exceeded  in  the 
final  election. 

§  15655.-  (15.)  No  candidate  for  circuit  judge  in  a  pri- 
mary election  or  before  a  convention,  shall  expend  or  have  ex- 
pended for  him  together,  exceeding  $2,5CO.OO,  and  this  sum  shall 
not  be  exceeded  in  the  final  election,  and  the  provisions  of  this 
section  shall  apply  to  candidates  for  Commonwealth's  attorney. 

§  15656.  (16.)  No  candidate  for  a  county  office  in  a  county 
having  a  city  of  the  first  class,  in  a  primary  election  or  before 
a  convention,  shall  expend  or  have  expended  for  him  together, 
exceeding  $2,500.CO,  and  this  sum  shall  not  be  exceeded  in  the 
final  election ;  the  amount  shall  be  limited  to  $2,000.00  in  coun- 
ties having  cities  of  the  second  class ;  to  $1,500.00  in  counties  hav- 
ing cities  of  the  third  class,  and  $1,000.00  in  all  other  counties, 
find  the  provisions  as  to  candidates  in  counties  having  cities  of 
the  first  class  shall  apply  to  all  other  counties,  except  as  to 
amount  expended. 

§  15656.  (17.)  No  candidate  for  representative  in  the 
General  Assembly  in  a  primary,  or  before  a  convention,  shall 
expend  or  have  expended  for  him  together,  exceeding  $350.00, 
and  this  sum  shall  not  be  exceeded  in  the  final  election ;  no  can- 
didate for  State  Senator,  in  a  primary  or  before  a  convention, 
shall  expend  or  have  expended  for  him  together,  exceeding 
$500.00,  and  this  sum  shall  not  be  exceeded  in  the  final  election. 

§  15656.  (18.)  No  candidate  for  any  other  office  in  this 
State  in  a  primary,  or  before  a  convention  or  caucus,  shall  ex- 
pend or  have  expended  for  him  together,  exceeding  $500.00,  and 
this  sum  shall  not  be  exceeded  in  the  final  election. 

§  15656.     (19.)   Any  person  violating  any  provision  of  this 


KENTUCKY  ELECTION  LAWS.  97 

act  where  no  other  penalty  is  provided  shall  be  subject  to  a  fine 
of  not  less  than  $100.00  nor  more  than  $1,000.00. 

§  15655.  (20.)  The  statement  of  any  person  testifying 
in  any  case  pending  under  the  provisions  of  this  act  shall  not 
b^  used  against  him  in  any  prosecutions  or  civil  proceeding. 

§  1565&.  (21.)  The  grand  jury  in  each  county  in  this  State 
is  given  full  power  to  investigate  any  violation  of  this  act,  and  to 
rhat  end  may  compel  any  corporation,  company  or  association  to 
produce  all  books,  correspondence  or  papers  which  may  show  or 
tend  to  show  any  violation  of  this  act,  and  may  compel  any  offi- 
cer, agent,  employe.,  custodian  or  other  person  having  the  posses- 
sion of  any  such  books,  correspondence  or  papers,,  or  other  evi- 
dence material  to  the  matter  under  investigation  to  appear  and 
testify,  and  any  such  person  refusing  to  obey  any  such  summons 
from  the  grand  jury  or  refusing  to  appear  and  testify,  shall  be 
proceeded  against  for  contempt,  and  upon  conviction  fined  in 
any  sum  not  exceeding  $1,000.00  or  imprisoned  not  exceeding  one 
year. 

Approved  March  13,  1916. 

ARTICLE  XIII. 

Penalties  Against  Frauds  in  Election — Limitation  to 
Prosecutions. 

§  1566.  Removing  or  having  ballot  outside  election  room — 
When  a  felony.  Any  person  who  shall  knowingly  and  willfully 
remove  or  attempt  to  remove  a  ballot  from  the  election  room,  or 
have  in  his  possession  outside  the  election  room  any  ballot, 
either  genuine  or  counterfeit,  during  the  election,  shall  be 
guilty  of  a  felony,  and,  on  conviction,  shall  be  imprisoned  in 
the  penitentiary  not  less  than  two  nor  more  than  five  years. 
'.See  sec.  1473.) 

§  1567.  Wrongful  removal  or  possession  of  ballot — Penal- 
ties. If  any  person  shall  take  or  remove  in  any  manner,  felon- 
iously or  with  the  consent  or  permission  of  the  custodian  for 
the  time,  any  official  ballot  or  ballots,  from  any  place  where 
they  may  lawfully  be  under  this  law,  or  shall  knowingly  and 
willfully  have  in  his  custody  or  possession  such  ballots,  except 
as  an  official  or  custodian  under  the  law,  or  while  within  the 


98  KENTUCKY  ELECTION  LAWS. 

polling  place  for  the  purpose  of  voting,  or  if  any  such  custodian 
or  official  shall  consent  to,  or  permit  any  of  such  ballots  to  be 
removed  or  carried  away  from  the  place  where  they  may  law- 
fully be,  by  any  person  except  such  official  or  custodian  whose 
duty  it  is  to  receive  the  same,  such  person,  custodian  or  official 
shall  be  deemed  guilty  of  a  felony,  and,  on  conviction,  shall 
be  punished  by  imprisonment  in  the  penitentiary  for  not  less 
than  three  nor  more  than  ten  years. 

§  1568.  Removing  or  destroying  booth  or  other  convenience 
—Or  attempt.  Any  person  who  shall,  during  the  election, 
knowingly  and  willfully  remove  or  destroy  any  of  the  sup- 
plies or  other  conveniences  placed  in  the  booths  for  the  purpose 
of  enabling  the  voter  to  prepare  his  ballot,  or  shall,  during  an 
election,  remove,  tear  down  or  deface  the  cards  printed  for  the 
instruction  of  the  voters,  or  shall,  during  an  election,  destroy  or 
remove  any  booth  or  other  convenience  provided  for  such  elec- 
tion, or  shall  induce  or  attempt  to  induce  any  person  to  commit 
any  of  such  acts,  whether  or  not  any  of  such  acts  are  committed 
or  attempted  to  be  committed,  shall  be  guilty  of  a  misdemeanor, 
and,  on  conviction,  shall  be  punished  by  imprisonment  in  the 
county  jail  for  not  less  than  six  months  nor  more  than  one  year. 

§  1569.  Electioneering — Wrongful  obtention,  exhibition, 
marking  or  delivery  of  ballot.  No  officer  of  election  shall  do 
any  electioneering  on  election  day,  nor  disclose  at  any  time,  to 
any  person,  the  name  of  any  candidate  for  whom  any  elector 
has  voted.  No  person  whatever  shall  do  any  electioneering  on 
election  day  within  any  polling  place,  or  within  fifty  feet  thereof. 
No  person  shall  apply  for  or  receive  any  ballot  in  any  polling 
place  other  than  that  in  which  he  is  entitled  to  vote.  No  per- 
son shall  show  his  ballot,  after  it  is  marked,  to  any  person  in 
such  a  way  as  to  reveal  the  contents  thereof  or  the  name  of  any 
candidate  or  candidates  for  whom  he  has  marked  his  vote;  nor 
shall  any  person  examine  a  ballot  which  any  elector  has  pre- 
pared for  voting,  or  solicit  the  elector  to  show  the  same.  No 
voter  shall  deliver  any  ballot  to  the  judges  of  the  election  to  be 
voted,  except  the  one  he  receives  from  the  clerk.  No  voter  shall 
place  any  mark  upon  his  ballot,  or  suffer  or  permit  any  other 
person  to  do  so,  by  which  it  may  be  afterwards  identified  as  the 

voted  by  him.    "Whoever  shall  violate  any  provision  of  this 


KENTUCKY  ELECTION  LAWS.  99 

section  shall,  on  conviction,  be  fined  not  less  than  twenty  ($20) 
nor  more  than  five  hundred  ($500)  dollars,  or  imprisoned  not 
less  than  ten  (10)  days  nor  more  than  six  (6)  months,  or  both 
so  fined  and  imprisoned,  at  the  discretion  of  the  jury.  (See  sec. 
1476.) 

§  1570.  Inducing  another  to  mark  ballot — Felony — Marked 
ballot  not  counted.  If  any  person  shall  induce,  or  attempt  to 
induce,  any  elector  to  write,  paste,  or  otherwise  place  on  his  bal- 
lot the  name  of  any  person  or  any  sign  or  device  of  any  kind,  as 
a  distinguishng  mark  by  which  to  indicate  to  any  other  person 
how  such  elector  has  voted,  such  person  so  offending  shall  be 
guilty  of  felony,  and,  on  conviction,  be  imprisoned  in  the  peni- 
tentiary not  less  than  two  nor  more  than  five  years.  Any  bal- 
lot having  any  of  the  distinguishing  marks  mentioned  in  this 
section  shall  not  be  counted  for  any  candidate  voted  for  at  that 
election. 

§  1571.  Person  entitled  to  inspect  ballot — Revealing  infor- 
mation— Felony.  If  any  person,  being  an  officer  of  election  ov 
otherwise  entitled  to  the  inspection  of  the  ballots,  or  challenges, 
shall  reveal  to  any  other  person  how  any  elector  has  votedf  or 
what  other  candidates  were  voted  for  on  any  ballot  bearing  a 
name  not  printed  thereon,  or  give  any  information  concerning 
the  appearance  of  any  ballot  voted,  such  a  person  so  offending 
shall  be  guilty  of  a  felony,  and,  on  conviction,  shall  be  impris- 
oned in  the  penitentiary  not  less  than  two  nor  more  than  five 
years. 

§  1572.  Personating  registered  voter — Penalties.  Any  per- 
son who  falsely  personates  a  registered  voter,  in  any  precinct 
where  registration  is  required,  and  receives  a  ballot  under  the 
X>rovisions  of  section  1471,  by  means  of  such  personation,  and 
casts  said  ballot,  shall  be  deemed  guilty  of  a  felony,  and  shall, 
upon  conviction  thereof,  be  sentenced  to  imprisonment  in  the 
penitentiary  for  not  less  than  one  nor  more  than  two  years,  and 
forfeits  his  right  to  vote  forever  after.  The  attempt  at  sucn 
personation  shall  be  punished  as  a  misdemeanor,  with  a  fine 
of  not  exceeding  two  hundred  dollars,  anad  imprisonment  not  ex- 
ceeding six  months  in  the  county  jail. 

§  1573.  Destroying  or  obtaining  ballot  or  box — Or  attempt. 
Whoever  unlawfully  destroys,  or  attempts  to  destroy,  any  ballot 


100  KENTUCKY  ELECTION  LAWS. 

box,  used  any  ballot  deposited  at  any  election,  or  whoever  at 
any  election  unlawfully,  either  by  force,  fraud  or  other  improper 
means  obtains  or  attempts  to  obtain  possession  of  any  ballot  box, 
or  any  ballots  therein  deposited,  while  the  voting*  at  such  elec- 
tion is  going  on,  or  before  the  ballots  are  duly  taken  out  and 
counted  according  to  law,  shall  be  punished  by  confinement 
io.  the  penitentiary  for  not  less  than  one  nor  more  than  five 
years,  and  be  fined  not  less  than  fifty  nor  more  than  one 
thousand  dollars.  (See,  further,  sec.  1585<z.) 

§  1574.  Right  of  employe — Employer  refusing  leave.  Any 
person  entitled  to  a  vote  at  any  election  in  this  State  shall,  on 
the  day  of  such  election,  be  entitled  to  absent  himself  from  any 
services  or  employment  in  which  he  is  engaged  or  employed  for 
a  period  of  four  hours,  between  the  time  of  opening  and  closing 
the  polls;  and  such  voter  shall  not,  because  of  so  absenting 
himself,  be  liable  to  any  penalty,  nor  shall  any  deduction  be 
made  on  account  of  such  absence  from  his  usual  salary  or' 
wages :  Provided,  however,  That  application  for  such  leave  of 
absence  shall  be  made  prior  to  the  day  of  election.  The  em- 
ployer may  specify  the  hours  during  which  said  employe  may 
absent  himself  as  aforesaid.  Any  person  or  corporation  who 
shall  refuse  to  an  employe  the  privilege  hereby  conferred,  or 
shall  discharge  or  threaten  to  discharge  an  employe  for  absent- 
ing himself  for  the  purpose  of  said  election  from  his  work,  or 
shall  subject  an  employe  to  a  penalty  or  deduction  of  wages  be- 
cause of  the  exercise  of  such  privilege,  or  who  shall,  directly  or 
mdirestly,  violate  the  provisions  of  this  section,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  be  fined  in  any  sum  not  less  than 
fifty  nor  more  than  five  hundred  dollars.  (See  Con.,  sec.  148.) 

§  1574«..  (1.)  Corporations  forbidden  to  contribute  to  po- 
litical organizations — Penalty.  It  shall  be  unlawful  for  any 
corporation  chartered  under  the  laws  of  this  State,  or  authorized 
to  do  business  therein,  by  virtue  of  the  laws  thereof  of  itself  or 
by  or  through  its  agent,  attorney  or  any  employe  or  officer 
thereof,  to  subscribe  to,  give,  procure  for  or  to  furnish  any 
money,  privilege,  favor  or  other  thing  of  value  to  any  political 
or  quasi  political  organization,  or  party  or  any  officer  or  mem- 
ber thereof  to  be  used  by  such  political  or  quasi  political  party 
or  organization  for  any  purpose  or  purposes  whatever,  or  after- 


KENTUCKY  ELECTION  LAWS.  101 

wards  to  reimburse  or  compensate  in  any  way  or  manner  any 
person  or  persons  who  shall  have  subscribed,  given,  procured 
or  furnished  any  such  money,  privilege,  favor  or  other  thing  of 
value,  to  be  used  by  such  political  or  quasi  political  party  or 
organization  for  any  purposes  whatever.  And  any  corporation 
which  shall  violate  any  of  the  provisions  of  this  act  shall  be 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction,  be  fined 
not  less  than  five  hundred  dollars  or  more  than  five  thousand 
dollars  for  each  offense,  and  its  charter  or  authority  to  do  busi- 
ness in  this  State  shall,  upon  such  conviction,  be  repealed,  re- 
voked and  held  for  naught. 

§  1574a.  (2.)  Corporation  agents  or  officers  forbidden  to 
act  for  it — Penalty.  Any  officer,  agent,  attorney,  servant  or  em- 
ploye of  any  corporation  chartered  under  the  laws  of  this  State 
or  authorized  by  the  laws  thereof  to  do  business  therein,  or  any 
person  whatever  acting  for  or  representing  any  such  corporation 
who  shall  disburse,  distribute,  pay  out  or  in  any  way  handle  any 
money,  funds  or  other  thing  of  value  that  belongs  to  or  has  been 
furnished  or  is  being  furnished  by  any  such  corporation  or 
agent,  attorney,  employe  or  servant  thereof  to  be  used  or  em- 
ployed in  any  way  for  the  purpose  of  aiding  or  assisting  or  ad- 
vancing the  cause  of  any  political  or  quasi  political  party  or  or- 
ganization or  of  any  candidate  for  public  office  in  any  way 
whatever,  shall  be  guilty  of  a  misdemeanor  and  shall,  upon  con- 
viction, be  fined  not  less  than  two  hundred  and  fifty  dollars  nor 
more  than  one  thousand  dollars,  and  imprisoned  in  the  county 
jail  at  hard  labor  not  less  than  three  months  nor  more  than 
twelve  months  for  each  offense. 

§  1574a.  (3.)  Corporation  influencing  vote  of  its  employes 
—Penalty.  Any  corporation  chartered  under  the  laws  of  this 
State,  or  authorized  to  do  business  therein,  which  shall,  through 
any  officer,  attorney,  agent  or  employe,  or  otherwise,  directly  or 
indirectly,  influence  or  attempt  to  influence  by  bribe,  favor, 
promise,  inducement,  threat  or  otherwise,  the  vote  or  suffrage 
of  any  employe  or  servant  of  such  corporation  against  or  in 
favor  of  any  candidate,  platform  or  principles  or  issue  in  any 
election  held  under  the  laws  of  the  Commonwealth,  shall  be 
guilty  of  a  misdemeanor  and  shall,  upon  conviction,  be  fined 
jiot  less  than  five  hundred  dollars  nor  more  than  five  thousand 


102  KENTUCKY  ELECTION  LAWS. 

dollars  for  each  offense,  and  its  charter,  or  authority  to  do  busi- 
ness in  this  State,  shall,  upon  such  conviction,  be  repealed,  re- 
voked, annulled  and  held  for  naught.  (This  section  is  an  act 
of  March  17,  1900;  the  numbers  of  subsections  are  the  num- 
bers of  sections  of  act.) 

§  1575.  Selling  or  furnishing  intoxicating  liquors.  Who- 
ever sells,  loans,  gives  or  furnishes  to  any  person  or  persons, 
either  directly  or  indirectly,  spirituous,  vinous  or  malt  liquors, 
or  any  other  intoxicating  drink,  in  any  precinct,  town,  city  or 
county  of  this  Commonwealth,  upon  the  day  of  any  general 
or  primary  election  therein,  shall  be  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  the  sum  of  not 
less  than  twenty-five  nor  more  than  fifty  dollars  for  each  of- 
fense, which  may  be  recovered  by  proceedings  in  any  court  of 
competent  jurisdiction,  or  by  indictment  in  the  circuit  court. 
It  shall  be  the  duty  of  the  circuit  judges  throughout  this  Com- 
monwealth to  make  special  mention  of  this  section  in  charge 
to  the  grand  juries  of  said  courts.  (Se  sec.  2565.) 

§  1576.  Disobedience  of  election  officer's  commands.  Any 
person  who  shall  willfully  disobey  any  lawful  command  of  any 
officer  of  an  election  held  under  this  chapter,  given  in  the 
execution  of  his  or  their  duty  as  such  at  any  such  election, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction, 
be  fined  not  less  than  twenty-five  nor  more  than  five  hundred 
dollars. 

§  1577.  Officers  violating  duties.  Any  public  officer  upon 
whom  a  duty  is  imposed  under  this  chapter,  and  no  penalty 
provided  for  the  violation  thereof,  who  shall  willfully  neglect 
to  perform  such  duty,  or  who  shall  willfully  perform  it  in  such 
a  way  as  to  hinder  the  objects  of  this  law,  shall  be  punished 
by  a  fine  of  fifty  dollars  and  imprisonment  in  the  county  jail 
for  two  months. 

§  1578.  Sheriff  failing  to  perform  duty.  Any  sheriff  who 
willfully  fails  to  cause  an  election  to  be  held  as  required  by  law 
shall  be  fined  from  one  hundred  to  five  hundred  dollars.  If 
he  willfully  fails  to  perform  any  other  duty  concerning  an  elec- 
tion, for  which  there  is  no  penalty  specially  prescribed,  he  shall 
be  fined  from  twenty  to  two  hundred  dollars. 

§  1579,     Officer  appointed  failing  to  perform  duty.    Any 


KENTUCKY  ELECTION  LAWS.  103 

officer  of  election  or  of  registration,  in  any  precinct  where  regis- 
tration is  required,  who,  after  due  notice  of  his  appointment, 
shall  fail  to  perform  his  duty  as  such  in  holding  any  election 
or  registration,  unless  for  good  cause,  shall  be  fined  from 
twenty-five  to  five  hundred  dollars. 

§  1580.  Officer  of  canvassing  or  contesting  board — Neglect 
or  corrupt  act.  Any  officer  who,  without  sufficient  Excuse,  fails 
to  discharge  his  duty  after  an  election,  as  one  of  a  board  for 
canvassing  the  election  returns,  or  to  decide  a  contested  election, 
shall  be  fined  from  one  hundred  to  one  thousand  dollars,  and 
imprisoned  in  the  county  jail  not  exceeding  sixty  days.  Any 
officer  who  shall  act  corruptly  or  with  partiality  in  the  discharge 
of  such  duty  shall  be  fined  from  one  hundred  to  five  hundred 
dollars,  and  shall  also,  in  addition,  forfeit  any  office  he  then 
holds,  and  be  disqualified  from  ever  holding  any  office. 

§  1581.  Altering,  secreting,  destroying  poll  books,  return  or 
certificate.  Any  officer  or  other  person  who  shall  willfully 
alter,  obliterate  or  willfully  secrete,  suppress  or  destroy  the 
certified  poll  book,  return  or  certificate  of  an  election,  willfully 
and  unlawfully  alter  the  poll  book  before  it  is  certified;  or 
any  officer  who  shall  make,  or  aid  in  making,  or  authorize  the 
making  up  of  any  false  or  fraudulent  poll  book,  or  certificate 
of  an  election  or  election  return,  shall  be  deemed  guilty  of 
forgery,  be  confined  in  the  penitentiary  from  one  to  five  years, 
forfeit  any  office  he  then  holds,  and  be  disqualified  from  ever 
holding  any  office. 

§  1582.  Refusal  to  give  certificate  of  election.  Any  officer 
whose  duty  it  is  to  give  or  aid  in  giving  a  certificate  of  election, 
or  of  the  returns  of  an  flection,  or  to  forward  the  same,  who 
shall  willfully  refuse  or  fail  to  give  the  same,  or  to  send  the 
same  to  the  Secretary  of  State,  as  required  by  law,  shall  be 
fined  not  more  than  a  thousand  dollars,  forfeit  any  office  he 
may  then  hold,  and  be  disqualified  from  ever  holding  any 
office. 

§  3583.  Receiving  or  recording  illegal  vote.  Any  officer  of 
election  who  shall  receive,  or  assent  to  receive,  or  record  a  vote 
at  an  election  at  a  time  or  place  known  by  him  not  to  be  the 
time  and  place  lawfully  appointed,  or  who  shall  knowingly  re- 
ceive the  vote  of  any  other  than  a  qualified  voter,  or  so  refuse 


104  KENTUCKY  ELECTION  LAWS. 

to  receive  the  vote  of  a  qualified  voter,  shall,  for  every  such 
offense,  be  fined  from  fifty  to  five  hundred  dollars,  forfeit  any 
office  he  then  holds,  and  be  disqualified  from  ever  holding  any 
office. 

§  1584.  Person  not  qualified  voting.  Any  resident  of  this 
State  who  shall  vote  at  any  election  before  he  has  resided  one 
year  in  the  State,  or  in  the  county  and  precinct  where  the  elec- 
tion is  held,  the  time  required  by  law,  or  before  he  has  attained 
full  age,  or  before  he  has  been  duly  naturalized,  shall  be  fined 
from  fifty  to  one  hundred  dollars,  or  imprisoned  from  ten  to 
ninety  days,  or  both. 

§  1585.  Non-resident  —  Repeating  —  False  personation  — 
Felony.  Any  resident  of  another  State  or  country  who  snail 
vote  at  or  any  person  who  shall  vote  more  than  once  at  an  elec- 
tion, or  knowingly  vote,  or  offer  to  vote,  in  any  precinct  except 
the  one  in  which  he  resides;  any  person  who  shall  vote  by 
means  of  a  false  personation,  or  use  of  the  naturalization  papers 
of  another  person,  dead  or  living,  and  any  person  who  shall 
lend  or  hire  his  or  another's  naturalizaton  papers  to  be  used 
for  such  purpose,  shall  be  imprisoned  in  the  penitentiary  not 
]ess  than  one  nor  more  than  five  years. 

§  1585a.  (12.)  Penalty  for  giving  improper  certificate  or 
interfering  with  seals  or  ballots.  Any  officer  of  the  election  who 
shall  knowingly  and  willfully  give  or  certify  to  an  improper 
certificate  of  the  election  as  herein  required,  or  shall  mutilate 
or  tamper  with  any  of  the  seals,  or  destroy  or  remove  any  of 
the  ballots  required  to  be  preserved  herein,  shall  be  guilty  of 
felony,  and  upon  conviction  thereof  shall  be  confined  in  the 
penitentiary  for  a  period  of  not  less  than  one  nor  more  than 
three  years. 

§  1585a.  (13.)  Penalty  against  county  clerk  allowing  bal- 
lot box  tampered  with.  Any  county  court  clerk  who  shall  know- 
ingly and  willfully  unlock  or  break  open  and  remove  or  destroy, 
o;!  in  any  way  tamper  with  a  ballot  box  and  ballots  left  In  his 
care  and  custody,  or  permit  any  other  person  to  do  so  during  the 
period  of  six  months  which  they  are  so  required  to  remain  in 
his  office,  or  until  they  are  removed  from  his  office  by  order  of 
the  court  hearing  any  contest,  shall  forfeit  his  office  and  be 
deemed  guilty  of  a  felony,  and  upon  conviction  shall  oe  con- 
fined in  the  penitentiary  not  less  than  one  nor  more  than  three 
vears. 


KENTUCKY  ELECTION  LAWS.  105 

§  1585.  (14.)  Penalty  for  tampering  with  ballots.  Any 
person  or  persons  who  shall  in  any  way  remove,  mutilate  or  de- 
stroy, or  add  any  new  ballots  to,  the  regular  ballots  that  have 
been  counted  and  prepared  for  preservation,  or  have  already 
been  preserved,  as  required  herein,  so  that  the  result  of  the  elec- 
tion in  such  precinct  or  county  is  changed  thereby,  shall,  upon 
conviction,  be  deemed  guilty  of  a  felony  and  confined  in  the 
penitentiary  for  not  less  than  one  or  more  than  three  years. 

§  1585.  (15.)  Intimidation  of  voter  or  interfering  with 
election  officer — Penalty.  Any  person  or  persons  who  shall  un- 
lawfully attempt  to  prevent,  or  prevent  any  voter  from  casting 
his  ballot,  or  shall  attempt  to,  or  intimidate,  any  person  or 
voter  so  as  to  prevent  him  from  casting  his  ballot,  or  who  shall 
unlawfully  interfere  with  the  officers  of  election  in  the  dis- 
charge of  their  duties  as  such,  shall  be  deemed  guilty  of  a  fel- 
ony and,  upon  conviction,  be  confined  in  the  penitentiary  for  a 
period  of  years  of  not  less  than  one  nor  more  than  five  years 
for  each  offense.  The  fact  that  the  person  or  persons  so  offend- 
ing may  be  an  officer  or  officers  of  the  Federal  government,  or 
of  the  State  or  any  district,  county,  town  or  city  thereof,  or 
of  election,  shall  not  relieve  them  of  the  responsibility  or  pen- 
alty for  the  violation  of  this  section.  All  acts  or  parts  of  acts 
in  conflict  with  this  act  are,  to  the  extent  of  such  conflict, 
hereby  repealed.  (This  section  is  the  last  four  sections  of  an 
(•ct  of  October  16,  1900;  the  numbers  of  the  subsections  are  the 
numbers  of  the  act.} 

§  1586.  Bribery — Receiving  bribe — What  is  bribery.  Any 
person  guilty  of  receiving  a  bribe  for  his  vote  at  an  election, 
or  for  services  or  influence  in  procuring  a  vote  or  votes  at  an 
election,  shall  be  fined  from  fifty  to  five  hundred  dollars,  and  be 
excluded  from  office  and  suffrage. 

§  1586.  (1.)  "Bribe"  or  "bribery"  means  any  reward, 
benefit  or  advantage,  present  or  future,  to  the  party  influenced 
or  intended  to  be  influenced,  or  to  another  at  his  instance,  or 
the  promise  of  such  reward,  benefit  or  advantage. 

§  1586.  (2.)  Money  or  other  thing  of  value  given  or  lent 
in  whole  or  in  part,  to  be  betted  on  the  result  of  election,  or  the 
promise  thereof,  or  a  bet  with  another  that  such  other  will 
vote  for  a  named  candidate,  and  the  gift  or  promise  of  a  share 
in  any  such  bet  made  or  to  be  made,  shall  be  deemed  a  bribe. 


106  KENTUCKY  ELECTION  LAWS. 

§  1586.  (3.)  "Whoever  shall  receive  money  or  other  thing 
of  value  to  be  used  for  the  purpose  of  procuring  or  influencing 
a  vote  or  votes  shall  be  deemed  to  have  been  bribed.  (See 
Con.}  sec.  151.) 

§  1587.  Bribery — Bribing  another.  Whoever  shall  bribe 
another  shall,  on  conviction,  be  fined  from  fifty  to  one  hundred 
dollars,  or  imprisoned  from  ten  to  ninety  days,  or  both  so  fined 
and  imprisoned,  and  be  excluded  from  office  and  suffrage. 

§  1588.  Unlaivful  interference  with  election.  Any  person 
who,  by  himself  or  in  aid  of  others,  shall  forcibly  break  up  or 
prevent,  or  attempt  to  break  up  or  prevent,  the  lawful  holding 
of  an  election,  or  so  obstruct  or  attempt  to  obstruct  the  same, 
or  so  prevent  or  attempt  to  prevent  any  qualified  voter  from 
giving  his  vote,  shall  be  yfined  from  fifty  to  five  hundred  dol- 
lars, or  imprisoned  not  more  than  one  year. 

§  1589.  Making  or  procuring  another  to  make  false  oath. 
Any  person  who  shall  make  any  willfully  false  statement,  under 
an  oath  duly  administered  at  an  election,  shall  be  confined  in 
the  penitentiary  from  one  to  five  years.  Any  person  who 
shall  willfully  procure  another  to  make  such  false  statement 
shall  be  confined  in  the  penitentiary  one  year. 

§  1590.  Counseling  or  procuring  one  to  make  false  oath. 
Any  person  who  shall  counsel,  advise  or  procure  the  commis- 
sion, or  aid  in  the  commission,  of  either  of  the  offenses  named 
in  this  article,  shall  incur  thereby  the  penalty  therefor,  as 
therein  named. 

§  1591.  Liberal  construction  of  chapter — Charge  to  grand 
$ury.  This  chapter  shall  be  liberally  construed,  so  as  to  pre- 
vent any  evasion  of  its  prohibitions  and  penalties  by  shift  or  de- 
vice. Irregularities  or  defects  in  the  mode  of  convening  or 
conducting  an  election  under  this  law  shall  constitute  no  defense 
to  a  prosecution  for  a  violation  of  its  provisions.  It  shall 
also  be  given  specially  in  charge  to  the  grand  jury  of  every 
county  first  convened  after  any  general  election. 

§  1592.  Officers  to  give  information — Arrest — Bail.  It 
shall  be  the  special  duty  of  any  officer  of  an  election  to  give  in- 
formation of  all  infractions  of  this  law  to  the  grand  jury  or 
Commonwealth 's  attorney;  and  when  there  is  reason  to  fear 


KENTUCKY  ELECTION  LAWS.  107 

that  an  offender  will  make  his  escape  out  of  the  county  before 
indictment,  any  such  election  officer  may  procure  his  immediate 
apprehension.  The  officer  before  whom  such  offender  is 
brought,  if  satisfied  of  his  guilt,  shall  require  from  him  surety, 
in  adequate  penalty,  for  his  appearance  at  the  next  circuit 
court,  to  answer  the  charge;  and  on  his  failure  to  give  it,  com- 
mit him  to  jail  till  such  surety  is  given. 

§  1593.  Witnesses  before  grand  jury — Refusal  to  testify. 
A  grand  jury  may  cause  any  person  to  be  summoned  before 
them  as  a  witness,  who  shall  be  compelled  to  testify  as  to  any 
knowledge  he  may  possess  touching  any  violation  of  law  in  re- 
lation to  elections  in  the  county  during  the  preceding  eighteen 
months;  and  if  he  refuses  to  testify  on  oath  he  shall  be  com- 
mitted to  prison  until  he  submits,  and  be  fined  from  ten  to 
thirty  dollars  by  the  court,  and  a  like  sum  for  each  daily  rep- 
etition of  the  contempt. 

§  1594.  Self -criminating  testimony — Single  witness  insuf- 
ficient. In  any  prosecution  under  this  chapter,  it  shall  be  no  ex- 
emption for  a  witness  that  his  testimony  may  criminate  him- 
self; but  no  such  testimony  given  by  a  witness  shall  be  used 
against  him  in  any  prosecution,  except  for  perjury;  and  if 
used  on  behalf  of  the  Commonwealth,  he  shall  stand  discharged 
from  all  penalty  for  any  violation  of  this  chapter,  so  necessarily 
disclosed  in  his  testimony,  as  tending  to  convict  the  accused. 
But  the  jury  shall  never  convict  any  one,  under  the  provisions 
of  this  chapter,  upon  the  testimony  of  a  single  witness,  unless 
sustained  by  strong  corroborating  circumstances. 

§  1595.  Limitation — Two  years  except  in  case  of  felony. 
No  prosecution  shall  be  had  under  this  chapter  where  the  pen- 
alty is  less  than  confinement  in  the  penitentiary,  unless  the  same 
is  commenced  within  two  years  from  the  time  of  the  commission 
of  the  offense. 

ARTICLE  XIV. 

Local  Option. 

§  1596.  Time  of  holding  elections  on  liquor  questions.  All 
elections  to  take  the  sense  of  the  people  of  any  town,  city, 
county,  district  or  precinct  as  to  whether  or  not  spirituous, 
vinous  or  malt  liquors  shall  be  sold,  bartered  or  loaned  therein, 


108  KENTUCKY  ELECTION  LAWS. 

or  the  sale  thereof  regulated,  shall  be  held  as  hereinbefore  pro- 
vided for  the  election  of  county,  town,  city,  district  or  precinct 
officers,  except  that  a  vote  on  such  questions  shall  be  held  on  a 
clay  other  than  the  regular  election  day.  All  laws  or  parts  of 
laws,  general  or  special,  now  in  force,  inconsistent  with  this  act, 
or  any  part  of  its  provisions,  are  hereby  repealed.  (See  sec. 
2554.) 

ARTICLE  XV. 

Election  Commissioners — Contested  Elections. 

[Act  of  October  24,  1900 — this  act  is  a  substitute  for  the 
original  act  of  March  11,  1898,  which  is  omitted.] 

§  1596a.  (1.)  State  board — Appointment — Term — Qual- 
ifications— Vacancies — Secretary.  A  State  Board  of  Election 
Commissioners  is  hereby  created,  which  shall  consist  of  two 
commissioners,  who  shall  hold  ther  office  for  the  term  of  one 
year  and  until  their  successors  are  appointed  and  qualified. 
They  shall  be  citizens  and  electors  of  Kentucky,  and  not  less 
than  twenty-five  years  old.  They  shall  be  appointed  by  the 
Governor  of  the  State  from  names  designated  in  writing,  if 
any  are  so  designated,  by  each  of  the  State  Central  Committees 
of  the  two  political  parties  that  polled  the  largest  vote  at  the 
last  preceding  election  for  a  State  officer  or  presidential  electors ; 
one  commissioner  to  be  appointed  from  each  of  the  two  said 
parties.  Said  appointment  of  the  Governor  shall  be  made  an- 
nually in  the  month  of  July.  Said  commissioners  shall  qualify 
by  taking,  before  the  clerk  of  the  Court  of  Appeals,  an  oath 
faithfully  to  perform  their  duties  according  to  law.  Of  such 
qualification  said  clerk  shall  make  a  certificate  which  shall  be 
noted  upon  the  record  of  the  proceedings  of  said  board  and 
preserved  among  its  records.  The  clerk  of  the  Court  of  Ap- 
peals, by  virtue  of  his  office,  shall  be  a  member  of  said  board, 
and  preside  at  its  meetings;  and  in  case  of  disagreement  be- 
tween the  other  members  of  said  board,  acting  as  umpire,  he 
fchall  be  permitted  to  vote.  The  board  shall  appoint  a  secretary, 
who  shall  hold  office  during  the  pleasure  of  the  board;  and  the 
board  shall  prescribe  the  duties  of  the  secretary  and  fix  his 
compensation,  which  shall  not  exceed  two  hundred  and  fifty 


KENTUCKY  ELECTION  LAWS.  109 

dollars  per  annum.  The  board  shall  keep  a  record  of  its  acts, 
orders,  findings,  and  all  its  proceedings.  A  majority  of  said 
board,  consisting  of  the  two  members  appointed  by  the  Gover- 
nor, or  one  of  said  appointive  members  and  the  clerk  of  the 
Court  of  Appeals,  shall  constitute  a  quorum  for  the  transaction 
of  all  the  business  of  the  board,  and  a  majority  of  said  board 
may  make  any  order  or  do  any  act  the  board  is  authorized  or 
empowered  to  do.  The  secretary  of  said  board  shall  mail  writ- 
ton  noti'jo  of  the  inno  and  place  or  meeting  to  each  member  of 
s&id  board  before  any  meeting  thereof  for  the  transaction  of  any 
business  shall  be  held,  and  any  action  of  said  board  at  any  meet- 
ing thereof  held  without  such'  notice  having  been  given  shall 
be  null  and  void.  If  a  vacancy  shall  occur  in  said  board  it 
shall  be  filled  by  appointment  by  the  Governor  in  the  same  man- 
ner as  hereinbefore  provided  for  appointment  to  said  board, 
laid  the  member  so  appointed  shall  be  of  the  same  political 
party  as  his  predecessor.  Resignations  from  said  board  shall  be 
in  writing,  directed  to  the  Governor  and  filed  with  the  Secretary 
of  State. 

§  5196a.  (2.)  County  board — Qualifications — Appointment 
—Vacancies — Secretary.  A  county  board  of  election  commis- 
sioners is  hereby  created,  which  shall  consist  of  two  commis- 
sioners, who  shall  hold  their  office  for  one  year  and  until  their 
successors  are  appointed  and  qualified.  They  shall  be  citizens 
and  electors  of  the  county  from  which  they  are  appointed,  and 
not  less  than  twenty-five  years  old.  They  shall  be  appointed 
by  the  State  Bo°.rd  of  Elestion  Commissioners. 

The  two  members  of  said  county  board  of  commissioners 
shall  be  appointed  one  each  from  five  names  designated  in 
writing,  if  any  are  so  designated,  by  each  of  the  county  exec- 
utive committees  of  the  two  political  parties  that  polled  the 
largest  number  of  votes  in  the  State  at  the  last  preceding  elec- 
tion for  State  officers  or  presidential  electors,  one  of  said  two 
.-•ommissioners  to  be  appointed  from  each  of  the  two  said 
parties:  Provided,  If  there  be  two  or  more  contending  executive 
committees  of  the  same  party  in  the  county,  then  that  county 
executive  committee  which  is  recognized  by  the  State  Central 
Committee,  by  written  certificate  of  the  chairman  thereof,  shall 
be  recognized  by  the  State  commission  in  making  their  ap- 


110  KENTUCKY  ELECTION  LAWS. 

pointments.  The  sheriff  of  the  county,  by  virtue  of  his  office, 
shall  be  a  member  of  said  board,  and  shall  preside  at  its  meet- 
ings, and  in  case  of  disagreement  between  the  other  members 
of  said  board,  acting  as  umpire,  he  shall  be  permitted  to  vote. 
Said  appointment  by  the  State  board  shall  be  made  annually 
in  the  month  of  August.  Said  county  commissioners  shall 
qualify  by  taking,  before  the  clerk  of  the  county  court,  an  oath 
faithfully  to  perform  their  duties  according  to  law.  Said  clerk 
shall  make  a  certificate  thereof,  which  shall  be  filed  in  his 
office.  The  board  shall  choose  one  of  its  members  secretary, 
who  shall  keep  a  record  of  its  proceedings,  which  shall  be  a 
public  record  and  kept  in  the  office  of  the  county  court  clerk. 
A  majority  of  said  board,  consisting  of  the  two  members  ap- 
pointed as  aforesaid  from  said  two  political  parties,  or  one  of 
&aid  two  members  and  the  sheriff  of  the  county  shall  constitute 
a  quorum  for  the  transaction  of  the  business  of  the  board. 
A  majority  of  said  board  shall  make  any  order  or  do  any  act 
the  board  is  authorized  or  empowered  to  do.  If  a  vacancy  shall 
occur  in  the  board  it  shall  be  .filled  by  appointment  by  the  State 
board  from  names  already  designated  to  the  State  board  as 
hereinbefore  provided;  and  the  members  so  appointed  shall  be 
of  the  same  political  party  as  his  predecessor ;  in  counties  where 
there  is  no  sheriff  or  where  from  other  causes  the  sheriff  can 
not  act  the  circuit  court  clerk  shall  act  in  his  place.  Resigna- 
tions from  said  board  shall  be  in  writing,  directed  to  the  State 
board  and  filed  with  the  secretary  thereof.  Due  notice,  in  writ- 
ing, of  every  meeting  of  said  board  shall  be  given  to  each  mem- 
ber thereof.  (This  subsection  was  amended  by  an  act  of  March 
22,  1904,  but  as  the  amendment  was  declared  unconstitutional 
in  Droege  v.  Mclnerney,  27  E.,  1135;  87  8.  W.,  1085,  /  have 
omitted  it. — Ed.) 

§  1596a.  (3.)  Election  officers — Appointment — Qualfica- 
tion — Term — Removal — Vacancies.  Said  county  board  shall, 
annually,  not  later  than  September  the  twentieth,  appoint  for 
each  election  precinct  in  the  county  two  judges,  one  clerk,  and 
one  sheriff  of  election,  to  act  as  such  in  their  precincts,  all  of 
whom  shall  be  discreet,  qualified  voters  of  the  precinct  for  which 
they  are  appointed,  and  shall  hold  their  offices  for  one  year 
and  until  their  successors  are  appointed  and  qualified.  The 


KENTUCKY  ELECTION  LAWS.  Ill 

county  executive  committees  of  the  two  political  parties  having 
representation  on  the  State  board  and  county  boards  of  election 
commissioners  may,  annually,  on  or  before  the  fifteenth  of  Sep- 
tember, designate  in  writing  for  each  precinct  a  list  of  not  less 
than  eight  names  to  the  county  board  of  election  commission- 
ers :  Provided,  If  in  any  precinct  there  be  not  as  many  as  eight 
electors  posessing  the  qualifications  of  an  election  officer,  belong- 
ing to  the  political  party  filing  said  list  of  names,  then  a  less 
number  may  be  designated.  And  from  these  names,  if  any  are 
so  designated,  the  officers  of  election  shall  be  selected  from  said 
list  as  follows :  One  judge  at  each  voting  place  shall  be  selected 
from  each  of  said  lists,  and  in  like  manner  the  sheriff  shall  be 
chosen  from  one  of  said  lists  and  the  clerk  from  the  other.  If 
no  lists  are  submitted  to  the  said  county  board,  then  the  of- 
ficers of  the  election  shall  be  so  selected  and  appointed  as  that 
one  of  the  judges  at  each  place  of  voting  shall  be  of  one  politi- 
cal party  and  the  other  judge  of  a  different  political  party, 
and  there  shall  be  a  like  difference  at  each  voting  place  between 
the  sheriff  and  clerk  of  election.  No  person  shall  be  eligible  as 
an  officer  of  election  who  has  not  resided  in  the  precinct  for 
twelve  months  next  preceding  the  day  of  election,  or  who  has 
committed  a  homicide,  or  who  has  been  convicted  of  a  felony  or 
is  under  indictment  therefor,  or  who  is  not  sober,  temperate, 
discreet  and  of  good  demeanor,  or  who  has  anything  of  value 
wagered  on  the  result  of  such  election,  or  who  is  a  candidate 
to  be  voted  for  at  such  election,  and  who  is  not  capable  of 
reading  the  Constitution  of  the  Commonwealth  in  English  and 
of  writing  a  plain  and  legible  hand.  It  shall  be  the  duty  of 
said  county  board  of  election  commissioners  to  determine  the 
qualification  of  all  election  officers  before  appointment.  The 
county  board  of  election  commissioners  shall  have  the  power 
to  remove  all  election  officers  who  are  disqualified  under  the 
provisions  of  this  act,  but  no  such  removal  shall  be  made 
within  five  days  of  the  election;  nor  shall  any  such  removal  be 
made  at  any  time  without  cause,  and  the  grounds  therefor 
shall  be  reduced  to  writing  by  said  board  and  made  a  part  of  its 
records.  If  a  vacancy  shall  occur,  by  removal  or  otherwise,  it 
shall  be  filled  by  the  county  board  of  election  commissioners 
from  the  list  already  submitted,  if  any,  from  which  the  officer 


112  KENTUCKY  ELECTION  LAWS. 

was  selected,  and  in  conformity  with  the  provisions  of  this  act. 
The  county  board  of  election  commissioners  shall  give  due 
notice  of  said  appointment  of  election  officers  to  the  sheriff 
of  the  county,  who  shall,  before  the  day  of  the  next  ensuing 
election  and  within  ten  days  next  after  said  appointment,  give 
each  officer  of  election  written  notice  of  his  appointment. 
If  there  be  two  or  more  contending  executive  committee?  of  the 
same  party  in  the  county,  then  that  county  executive  commit- 
tee which  is  recognized  by  the  State  Central  Committee,  by  the 
written  certificate  of  the  chairman  thereof,  shall  be  recognized 
by  the  county  board  in  making  the  appointment  of  election 
officers. 

§  I596a.  (4.)  Oath  of  election  officer — When  voters  may 
select.  Should  the  county  board  of  election  commissioners  fail 
to  appoint  such  officers  of  election,  or  if  any  of  such  officers  fail 
to  attend  for  thirty  minutes  after  the  time  for  commencing  the 
election,  or  refuse  to  act,  the  officer  in  attendance  representing 
the  same  political  party  of  the  absentee  shall  appoint  a  suitable 
person  to  act  in  his  stead  for  that  election ;  or  if  both  represen- 
tatives of  the  same  political  party  are  absent,  qualified  voters 
present  affiliating  with  the  party  of  said  two  absentees  shall 
elect  viva  voce  suitable  persons  to  act  in  their  stead.  Each 
officer  of  election  shall,  before  entering  upon  the  duties  of  his 
office,  take  an  oath  faithfully  to  discharge  his  duties  as  such 
officer  before  some  person  authorized  to  administer  an  oath,  or 
if  no  such  officer  be  present  it  may  be  administered  by  the 
clerk  of  the  election,  who  shall  in  turn  be  sworn  by  one  of  the 
judges  of  election. 

§  1596a.  (5.)  County  board  to  canvass  returns — When 
and  where  to  meet — Certificates  of  election — Poll  books  and  bal- 
lots. Said  county  board  of  election  commissioners  shall  consti- 
tute a  board  for  examining  and  canvassing  the  election  returns 
of  each  county  and  awarding  and  issuing  certificates  of  election. 
Any  two  of  the  members  of  said  fyoard  may  constitute  the  board, 
but  if  either  be  a  candidate  he  shall  have  no  voice  in  the  de- 
cision of  his  own  case.  If  from  any  cause  two  of  the  members 
of  the  board  can  not  act,  in  whole  or  in  part,  in  examining 
and  canvassing  the  returns  their  places  shall  be  supplied  as  in 
case  of  vacancies  in  such  board.  Within  two  days  next  after 


KENTUCKY  ELECTION  LAWS.  113 

an  election  the  sheriff  shall  deposit  with  the  clerk  of  the  county 
court  the  returns  from  the  different  precincts.  On  the  next 
day  the  said  county  board  of  election  commissioners  shall  meet 
in  the  county  court  clerk's  office  between  ten  and  twelve 
o'clock  in  the  morning,  open  and  canvass  the  returns  of  such 
election,  and  give  triplicate  or  more  written  certificates  of  elec- 
tion, over  their  signatures,  of  those  who  have  received  the  high^ 
est  number  of  votes  for  any  office  exclusively  within  the  gift  of 
the  voters  of  the  county,  one  copy  of  the  certificate  to  be  re- 
tained in  the  clerk's  office,  another  delivered  to  each  of  the  per- 
sons elected,  and  the  other  forwarded  by  the  county  clerk  to  the 
Secretary  of  State  at  the  seat  of  government.  For  offices  not 
within  such  gift  they  shall  give  duplicate  or  more  written 
certificates  over  their  signatures,  of  the  number  of  votes  given 
in  the  county,  city,  town,  district  or  precinct,  particularizing 
therein  the  precinct  at  which  the  votes  were  given,  one  copy  to 
be  retained  in  the  clerk's  office,  one  delivered  to  the  sheriff, 
and  one,  in  case  of  municipal  or  district  election,  to  the  common 
council  of  said  municipality  or  governing  authority  of  such  dis- 
trict. The  poll  books  and  "questioned  ballots"  shall  thereafter 
remain  in  the  clerk's  office  as  parts  of  its  records.  So,  also, 
shall  the  certificate  of  any  precinct  judges  which  may  have 
been  used  in  the  absence  of  the  poll  books  of  that  precinct. 

§  1596a.  (6.)  Two  or  more  counties  voting  together — 
Duties  of  canvassing  board.  Where  two  or  more  counties  vote 
together  in  the  choice  of  a  Representative  or  Senator  the  can- 
vassing board  of  election  of  the  respective  counties  shall  make 
duplicate  written  certificates,  over  their  signatures,  of  the  num- 
ber of  votes  given  in  the  counties  for  such  Representative  or  Sen- 
ator, one  copy  to  be  retained  in  the  clerk's  office  of  such  county, 
fcnd  the  other  to  be  sent  immediately  by  mail  by  said  board  to 
the  canvassing  board  of  the  county  in  such  district  having  the 
largest  population,  which  last  named  board  shall,  between  ten 
and  twelve  o'clock  in  the  morning  of  the  second  Monday  after 
the  election,  meet  in  the  clerk's  office  of  their  county,  compare 
the  certificates  of  the  canvasing  boards  of  the  several  counties, 
and  therefrom  give  triplicate  certificates  of  election,  in  writing, 
over  their  signatures,  of  the  persons  who  appear  to  have  re- 
ceived the  largest  number  of  votes,  one  copy  of  the  certificate  to 


114  KENTUCKY  ELECTION  LAWS. 

be  retained  in  the  clerk's  office,  another  delivered  to  the  person 
elected,  and  the  other  forwarded  to  the  Secretary  of  State  at 
the  seat  of  government. 

§  15960.  (7.)  Form  of  certificate.  The  certificate  of 
election  of  a  county  officer  shall  be  in  substance  in  the  following 
form : 

"Commonwealth  of  Kentucky,  set.  We,  A,  B,  and  C,  duly 

authorized  to  canvass  the  returns  of  the  county  of , 

do  certify  that  an  election  held  in  said  county,  on  the 

clay  of ,  E  F  was  duly  elected  to  fill  the  office  of 


The  certificate  of  election  of  a  justice  of  the  peace  or  con- 
stable shall  be  altered  to  show  that  the  election  was  held  in  a 
named  district. 

§  1596a.  (8.)  Contested  election  of  Governor  or  Lieut  en- 
ant-Governor — How  decided.  When  the  election  of  a  Gover- 
nor or  Lieutenant-Governor  is  contested  a  board  for  determin- 
ing the  contest  shall  be  formed  in  the  manner  following :  First. 
On  the  third  day  after  the  organization  of  the  General  Assem- 
bly which  meets  next  after  the  election  the  Senate  shall  select, 
by  lot,  three  of  its  members,  and  the  House  of  Representatives 
shall  select,  by  lot,  eight  of  its  members,  and  the  eleven  so 
selected  shall  constitute  a  board,  seven  of  whom  shall  have 
power  to  act.  Second.  In  making  the  selection,  by  lot,  the  name 
of  each  member  present  shall  be  written  on  a  separate  piece  of 
paper,  every  such  piece  being  as  nearly  similar  to  the  other  as 
may  be.  Each  piece  shall  be  rolled  up,  so  that  the  names  there- 
on can  not  be  seen,  nor  any  particular  piece  ascertained  or  se- 
lected by  feeling.  The  whole,  so  prepared,  shall  be  placed  by 
the  clerk  in  a  box  on  his  table,  and  after  it  has  been  well  shaken, 
and  the  papers  therein  well  intermixed,  the  clerk  shall  draw 
out  one  paper,  which  shall  be  opened  and  read  aloud  by  the  pre- 
siding officer,  and  so  on  until  the  required  number  is  obtained. 
The  person  whose  names  are  so  drawn  shall  be  members  of  the 
board.  Third.  The  members  of  the  board  so  chosen  by  the  two 
Houses  shall  be  sworn  by  the  Speaker  of  the  House  of  Repre- 
sentatives to  try  the  contested  election,  and  give  true  judgment 
thereon  according  to  the  evidence  unless  dissolved  before  ren- 
dering judgment.  Fourth.  The  board  shall,  within  twenty- 


KENTUCKY  ELECTION  LAWS.  115 

four  hours  after  its  selection,  meet,  appoint  its  chairman,  and 
assign  a  day  for  hearing  the  contest  and  adjourn  from  day  to 
day  as  its  business  may  require.  Fifth.  If  any  person  so  se- 
lected shall  swear  that  he  can  not,  without  great  personal  in- 
convenience, serve  on  the  board,  or  that  he  feels  an  undue  bias 
for  or  against  either  of  the  parties,  he  may  be  excused  by  the 
House  from  which  he  was  chosen  from  serving  on  the  board; 
and  if  it  appears  that  a  person  so  selected  is  related  to  either 
party,  or  is  liable  to  any  other  proper  objection  on  the  score  of 
his  partiality,  he  shall  be  excused.  Sixth.  Any  deficiency  in  the 
proper  number  so  created  shall  be  supplied  by  another  draw 
from  the  box.  Seventh.  The  board  shall  have  the  power  to  send 
for  persons,  papers  and  records,  to  issue  attachments  therefor 
signed  by  its  chairman  or  clerk  and  issue  commissions  for  taking 
proof.  Eight.  Where  it  shall  appear  that  the  candidates  receiv- 
i?ig  the  highest  number  of  votes  given  have  received  an  equal 
number,  the  right  to  the  office  shall  be  determined  by  lot,  under 
the  direction  of  the  board.  Where  the  person  returned  is  found 
not  to  have  been  legalty  qualified  to  receive  the  office  at  the 
time  of  his  election  a  new  election  shall  be  ordered  to  fill  the 
vacancy:  Provided,  That  the  first  two  years  of  his  term  shall 
not  have  expired.,  When  another  than  the  person  returned  shall 
be  found  to  have  received  the  highest  number  of  legal  votes 
given,  such  other  shall  be  adjudged  to  be  the  person  elected 
and  entitled  to  the  office.  Ninth.  No  decision  shall  be  made 
but  by  the  vote  of  six  members.  The  decision  of  the  board  shall 
riot  be  final  or  conclusive.  Such  decision  shall  be  reported  to 
the  two  Houses  of  the  General  Assembly,  in  joint  session,  for  the 
further  action  of  the  General  Assembly,  over  which  the  Speaker 
of  the  House  shall  preside,  and  the  General  Assembly  shall 
then  determine  such  contest.  Tenth.  If  a  new  election  is  re- 
quired, it  shall  be  immediately  ordered  by  proclamation  of  the 
Speaker  of  the  House  of  Representatves,  to  take  place  within 
six  weeks  thereafter,  and  on  a  day  not  sooner  than  thirty 
days  thereafter.  Eleventh.  When  a  new  election  is  ordered  or 
the  incumbent  is  adjudged  not  to  be  entitled  to  the  office,  his 
power  shall  immediately  cease,  and  if  the  office  is  not  adjudged 
to  another,  it  shall  be  deemed  to  be  vacant.  Twelfth.  If  any 
member  of  the  board  willfully  fails  to  attend  its  sessions  he 


116  KENTUCKY  ELECTION  LAWS. 

shall  be  reported  to  the  House  to  which  he  belongs,  and  there- 
upon such  House  shall,  in  its  discretion,  punish  him  by  fine  or 
imprisonment,  or  both.  Thirteenth.  If  no  decision  of  the  board 
is  given  during  the  then  session  of  the  General  Assembly,  it 
shall  be  dissolved,  unless  by  joint  resolution  of  the  two  Houses 
it  is  empowered  to  continue  longer. 

§  1596a.  (Sa.)  Primary  and  general  election  returns  of 
districts  composed  of  more  than  one  county — Certified  to  Sec- 
retary of  State — State  board  to  issue  certificate.  That  in  all 
elections,  both  primary  and  general,  for  district  officers  in  which 
the  district  includes  more  than  one  county,  the  votes  in  the 
different  precincts  in  each  county  of  such  district  shall  be  count- 
ed and  tabulated  by  the  county  election  commissioners,  as  re- 
quired by  law,  and  they  shall  make  out  duplicate  certificates 
of  the  total  number  of  votes  received  by  each  of  the  candidates 
for  such  district  office  or  offices  in  their  county,  and  not  later 
than  five  days  after  such  count  and  tabulation  forward  one  such 
certificate  to  the  Secretary  of  State,  who  shall  deliver  same  to 
the  State  Election  Commissioners,  and  they  shall  keep  one  for 
a  record  in  the  office  of  the  clerk  of  the  county  court  of  the 
county.  It  shall  be  the  duty  of  the  State  Election  Commis- 
sioners to  count  and  tabulate  the  votes  received  by  the  different 
candidates  for  such  district  office  or  offices  as  certified  to  the 
Secretary  of  State  by  the  county  election  commissioners  in  the 
counties  composing  such  districts  and  issue  certificates  of  nomi- 
nation or  election  to  the  candidate  receiving  the  highest  num- 
ber of  votes  in  his  district  for  such  nomination  or  election. 
(March,  1918,  c.  73,  p.  379.) 

§  1596&.  (9.)  Certificates  showing  number  of  votes  to  be 
issued  by  canvassing  board.  After  an  election  for  presidential 
electors,  representatives  in  Congress,  or  for  any  State  (or  dis- 
trict) officer  (other  than  a  member  of  the  General  Assembly), 
01  for  or  upon  questions  or  constitutional  amendments  sub- 
mitted to  the  vote  of  the  people,  it  shall  be  the  duty  of  the  board 
of  canvassers  of  returns  for  each  county  immediately  after  ex- 
amination of  such  returns,  to  make  out  two  or  more  certificates 
in  writing,  over  their  signatures,  of  the  number  of  votes  given 
in  the  county  for  each  of  the  candidates  for  any  of  said  offices 
and  the  number  of  votes  for  or  against  any  such  questions  or 


KENTUCKY  ELECTION  LAWS.  117 

constitutional  amendments.  One  of  the  certificates  shall  be 
retained  in  the  clerk's  office,  another  the  clerk  shall  send,  by  next 
mail,  under  cover,  to  the  Secretary  of  State  at  the  seat  of  gov- 
ernment. (March  11,  1898,  c.  13,  p.  43,  sec.  9,  as  amended  Oc- 
tober 24,  1900,  ex.  ses.,  c.  5,  p.  27,  sec.  9,  and  March,  1918,  c. 
73,  p.  379.) 

The  act  of  1918,  now  section  1596a-8a,  impliedly  repeals 
that  portion  of  the  foregoing  section  indicated  in  brackets  in 
italics,  for  certification  of  returns  of  districts  less  than  county  or 
wholly  of  one  county.  (See  sec.  1596&-5. — Ed.) 

§  15960.  (10.)  State  board  to  canvass  returns — Certifi- 
cates— Tie  vote — Presidential  electors.  Said  State  Board  of 
Election  Commissioners,  or  any  two  of  them,  in  the  absence  of  a 
member,  shall  be  a  board  for  examining  and  canvassing  the  re- 
turns of  election  for  any  of  the  offices  named  in  the  last  pre- 
ceding section  of  this  act.  First.  It  shall  be  the  duty  of  said 
board,  when  the  returns  are  all  in,  or  on  the  third  Monday  after 
the  election,  whether  they  are  in  or  not,  to  make  out  in  the 
office  of  the  Secretary  of  State,  from  the  returns  made,  duplicate 
certificates,  in  writing,  over  their  signatures,  of  the  election  of 
those  having  the  highest  number  of  votes,  one  certificate  to  be 
retained  in  the  office  and  the  other  sent,  by  mail,  to  the  person 
elected.  If  all  the  returns  are  not  made  the  right  to  contest 
an  election  shall  not  be  impaired.  Second.  In  the  case  of  the 
election  of  a  Representative  in  Congress  there  shall  be  three  cer- 
tificates, one  to  be  retained  in  the  office,  another  sent,  by  mail,  to 
the  clerk  of  the  House  of  Representatives  at  the  seat  of  Federal 
government,  and  another  sent,  by  mail,  to  the  person  elected. 
Third.  It  shall' be  the  duty  of  the  Secretary  of  State,  immedi- 
ately after  the  comparison  of  the  returns,  to  cause  a  statement 
therefrom  of  the  votes  given  in  every  county  for  each  candidate 
to  be  published  in  two  newspapers.  Fourth.  If  two  or  more 
persons  shall  be  found  to  have  received  the  highest  and  an 
equal  number  of  votes  for  the  same  office,  so  that  the  election  can 
iiOt  be  determined  among  the  candidates  by  a  plurality  of  votes, 
it  shall  be  determined  by  lot  in  such  manner  as  the  board  may 
direct,  and  in  the  presence  of  not  less  than  three  other  persons. 
Fifth.  If  one  or  more  of  the  persons  voted  for  as  electors  for 
President  is  elected,  then  he  or  they,  when  convened  to  vote 


118  KENTUCKY  ELECTION  LAWS. 

for  President,  shall  determine  which  of  the  candidates  having 
an  equal  number  of  votes  shall  be  deemed  to  be  elected  with- 
out casting  any  lot  therefor.  But  if  none  is  elected,  then  the 
board  shall  determine  the  election,  by  lot,  between  those  having 
the  highest  and  equal  number  of  votes,  except  that  they  shall  be 
arranged  and  drawn  for  in  classes,  according  to  their  known 
pledges  to  vote  for  the  different  candidates,,  so  that  the  whole 
vote  of  the  State  shall  be  given  to  the  same  person. 

§  1596a.  (11.)  Tie  vote  in  election  held  by  two  or  more 
counties — How  decided.  Where  the  canvassing  board  of  two  or 
more  counties  on  comparison  of  the  returns,  or  the  board  of 
canvassers  for  a  county,  find  that  two  or  more  have  received 
the  highest  and  equal  number  of  votes  for  the  same  office,  they 
shall,  by  lot,  determine  which  of  the  candidates  is  elected. 

§  15960.  (12.)  Contested  elections — How  decided — Mem- 
bers of  General  Assembly  excepted.  In  case  there  shall  be  a 
contest  of  the  election  of  Secretary  of  State,  Auditor,  Treas- 
urer, Attorney  General,  Superintendent  of  Public  Instruction, 
Commissioner  of  Agriculture  or  other  State  officers,  or  in  case 
there  shall  be  a  contest  of  the  election  of  a  judge  or  a  clerk  of 
the  Court  of  Appeals,  circuit  judge,  Commonwealth's  attorney 
or  railroad  commissioner,  or  of  any  officer  elected  by  the  voters 
of  a  county  or  any  district  therein,  excepting  members  of  the 
General  Assembly,  or  of  any  police  judge,  clerk,  marshal  or 
other  elective  municipal  officer,  where  there  is  no  other  provis- 
ion by  law  for  determining  the  contested  election  of  such  munic- 
ipal officer,  the  contest  shall  be  made  by  the  filing  of  a  petition 
in  the  circuit  court  of  the  county  where  the  contestee  resides, 
except  where  the  officer  is  one  elective  by  the  voters  of  the 
whole  State,  in  which  event  the  petition  shall  be  filed  in  the 
Franklin  Circuit  Court.  Such  petition  shall  be  filed  and  process 
issued  in  the  case  of  an  officer  elective  by  the  voters  of  the  whole 
State  or  any  district  comprising  more  than  one  county,  within 
thirty  days  after  the  final  action  of  the  board  of  canvassers,  and 
in  case  of  any  other  office,  within  ten  days  after  such  action ;  and 
shall  state  the  grounds  of  the  contest  relied  on,  and  no  other 
grounds  shall  afterwards  be  relied  upon.  (See,  as  to  members 
of  General  Assembly,  sees.  1532.  1535.) 

Within  twenty  days  after  the  service  of  summons  upon  him 


KENTUCKY  ELECTION  LAWS.  119 

the  contestee  shall  file  his  answer,  which  may  consist  of  a  de- 
nial of  the  averments  of  the  petition  and  may  also  set  up 
grounds  of  contest  against  the  contestant,  and  if  grounds  are  so 
set  up  they  shall  be  especially  pointed  out  and  none  other  shall 
thereafterward  be  relied  upon  by  said  party.  A  reply  may 
be  filed  within  ten  days  after  the  answer  or  answers  are  filed, 
but  its  affirmative  allegations  shall  be  treated  as  controverted, 
and  no  subsequent  pleading  allowed,  and  the  action  shall  pro- 
ceed as  an  equity  action. 

The  evidence  in  chief  for  the  contestant  shall  be  completed 
within  thirty  days  after  the  issues  are  made  up  and  the  evi- 
dence of  the  contestee  completed  within  twenty  days  thereafter, 
and  the  evidence  for  contestant  in  rebuttal  in  fifteen  days  after 
the  contestee  has  concluded.  The  action  shall  have  precedence 
on  the  trial  docket  over  all  other  cases.  All  ballots,  poll  books, 
stubs  or  other  papers  concerning  which  there  is  any  ground 
for  contest  may  be  removed  to  the  court  in  which  the  action 
is  pending.  Either  party  may  appeal  from  the  judgment  of  the 
circuit  court  to  the  Court  of  Appeals  by  giving  bond  to  the  clerk 
of  the  circuit  court,  with  good  surety,  conditioned  for  the  pay- 
ment of  all  costs  and  damages  the  other  party  may  sustain  by 
reason  of  the  appeal  and  by  filing  the  record  in  the  clerk's  office 
ef  the  Court  of  Appeals,  within  thirty  days  after  final  judgment 
in  the  circuit  court.  And  in  the  Court  of  Appeals  the  case  shall 
be  heard  and  determined  as  speedily  as  possible,  and  shall  have 
precedence  over  all  other  cases. 

In  case  it  shall  appear  from  an  inspection  of  the  whole 
record  that  there  has  been  such  fraud,  intimidation,  bribery  or 
violence  in  the  conduct  of  the  election  that  neither  contestant 
nor  contestee  can  be  adjudged  to  have  been  fairly  elected,  the 
circuit  court,  subject  to  revision  by  appeal,  or  the  Court  of 
Appeals  finally  may  adjudge  that  there  has  been  no  election. 
In  such  event  the  office  shall  be  deemed  vacant,  with  the  same 
legal  effect  as  if  the  person  elected  had  refused  to  qualify. 

On  the  production  of  a  copy  of  the  final  judgment,  the  suc- 
cessful party  shall  be  permitted  to  qualify  or  be  commissioned, 
or  a  writ  of  new  election  shall  be  issued  as  the  judgment  may 
require.  The  successful  party  shall  pay  all  costs  in  both  courts. 

1596a.     (13.)     State   loard — Where   to   meet — Compensa- 


120  KENTUCKY  ELECTION  LAWS. 

tion — Stationery — How  paid.  Said  State  Board  of  Election 
Commissioners  shall  hold  its  sessions  at  the  seat  of  government 
at  Frankfort,  where  a  suitable  room  for  them  shall  be  provided 
in  some  of  the  State  buildings.  The  members  of  the  board  shall 
be  paid  for  all  their  services  under  this  act  five  dollars  per  day 
while  so  in  session:  Provided,  That  no  member  of  said  board 
shall  be  paid  more  than  one  hundred  dollars  for  his  services  in 
any  year.  Said  board  shall  provide  itself  with  necessary  books, 
material  and  postage  to  enable  it  to  perform  the  duties  with 
which  it  is  charged  by  this  act.  The  chairman  of  said  board 
^hall  certify  to  the  Auditor  of  Public  Accounts  the  money  so 
expended  by  said  board,  and  the  sums  that  the  members  of  said 
board  and  its  secretary  .are  entitled  to  be  paid  under  this  act, 
and  thereupon  the  Auditor  shall  draw  his  warrant  upon  the 
Treasurer  for  the  sum  so  certified,  to  the  end  that  the  same  may 
be  paid  out  of  the  treasury. 

1596a.  (14.)  County  boards — Compensation — Stationery 
— Payment.  The  county  board  of  election  commissioners  shall 
be  paid  for  all  services  they  may  render  under  this  act  two  dol- 
lars per  day  while  actually  in  session ;  but  no-  member  of  such 
board  shall  be  paid  more  than  twenty  dollars  for  his  services 
during  any  year.  Said  board  may  provide  itself  with  necessary 
books  and  stationery  to  enable  it  to  perform  its  duties  under 
this  act.  The  amount  of  such  expenditure  and  the  number  of 
days  the  members  of  said  board  were  'actually  in  session  shall 
be  certified  by  the  chairman  of  the  board  to  the  fiscal  court  of 
the  county,  and  paid  out  of  the  county  funds. 

§  1596&.  (15.)  Penalty  against  member  of  board  violating 
law.  If  any  member  of  either  the  State  board  or  the  county 
boards  of  election  commissioners  herein  provided  for  shall  will- 
fully and  knowingly  violate  any  of  the  provisions  of  this  act, 
or  fail  to  execute  faithfully  any  of  the  duties  imposed  upon 
said  members  under  the  provisions  of  this  act,  he  shall  be  fined 
not  less  than  one  hundred  nor  more  than  one  thousand  dollars 
and  imprisoned  in  the  county  jail  not  exceeding  sixty  days. 

§  1596a.  (16.)  Penalty  for  intimidating  boards.  Any 
person  or  persons  who  shall,  by  threat  of  violence,  or  in  any 
other  manner,  intimidate,  or  attempt  to  intimidate,  the  election 
officers,  or  the  county \  or  State  canvassing  boards,  as  herein 


KENTUCKY  ELECTION  LAWS.  121 

roamed,  in  the  performances  of  their  duty,  or  shall  conspire 
together  and  go  forth  armed  for  the  purpose  of  intimidating 
said  officers,  shall  be  guilty  of  a  felony  and,  on  conviction,  be 
confined  in  the  State  penitentiary  for  not  less  than  one  year 
or  more  than  five  years. 

§  1596a.  (17.)  Repealing  clause.  All  acts  or  parts  of 
acts  in  conflict  with  this  act  are,  to  the  extent  of  such  conflict, 
repealed.  (The  numbers  of  the  subsections  are  the  numbers 
of  the  sections  of  the  act.) 

§  343.  Electors — Compensation  of.  Each  elector  of  Pres- 
ident and  Vice-President  of  the  United  States,  for  each  day  he 
attends  at  the  seat  of  government  as  an  elector,  shall  receive 
the  same  per  diem  and  mileage  as  may  at  the  time  be  allowed 
to  a  member  of  the  General  Assembly.  (See,  for  compensation, 
sec.  370.) 

§  1975.  Betting  on  election — Penalty — Recovery  of  amount 
bet.  If  any  person  shall  wager  or  bet  any  sum  of  money  or  any- 
thing of  value  upon  any  election  under  the  Constitution  and 
laws  of  this  Commonwealth,  or  the  Constitution  and  laws  of  the 
United  States,  he  shall  be  fined  one  hundred  dollars,  to  be  re- 
covered in  any  county  where  the  party  so  offending  may  ^be 
found,  or  where  the  bet  is  made ;  and,  in  addition  to  the  fine, 
if  the  person  winning  shall  receive  the  sum  of  money  or  other 
thing  so  bet,  or  its  value,  or  anything  therefor,  the  sum  of 
money  so  received,  or  the  value  of  anything  else  so  received, 
shall  be  forfeited  to  the  Commonwealth,  and  may  be  recovered 
by  any  appropriate  action  in  the  name  of  the  Commonwealth 
before  the  circuit  court  or  the  presiding  judge  of  the  county 
court,  wherever  the  offending  party  may  be  found. 

§  3758.  Commissions — Officers  required  to  have.  The  fol- 
lowing officers  shall  have  commissions  issued  to  them  by  the 
Governor,  that  is  to  say:  Secretary  of  State,  Register  of  the 
Land  Office,  Auditor  of  Public  Accounts,  Treasurer,  Commis- 
sioner of  Agriculture,  Labor  and  Statistics,  Superintendent 
of  Public  Instruction,  judges  of  the  Court  of  Appeals,  clerk  of 
the  Court  of  Appeals,  judges  of  the  circuit  courts,  county 
judges,  police  judges,  railroad  commissioners,  Commonwealth's 
attorneys,  justices  of  the  peace,  notaries  public,  and  all  the  of- 
ficers of  the  militia  of  rank  and  grade  higher  than  and  including 


122  KENTUCKY  ELECTION  LAWS. 

the  rank  and  grade  of  captain.  Should  a  vacancy  occur  in  any 
of  said  offices  by  reason  of  the  death,  resignation  or  removal  of 
the  officer,  or  from  any  other  cause,  or  should  a  like  vacancy 
occur  in  any  other  office  where  there  is  no  provision  of  law  for 
filling  same,  such  vacancy  shall  be  filled  by  the  appointment  of 
the  Governor,  subject  to  the  provisions  of  the  Constitution  ap- 
plicable thereto.  (Section  as  amended  by  act  of  February  10, 
1894;  see  further,  as  to  vacancies,  sees.  1521-30.) 

§  4568.  Voter  attending  election  not  to  be  arrested  on 
civil  process.  No  civil  process  of  arrest  shall  be  executed  upon 
any  legal  voter  attending  an  election  held  by  authority  of  law, 
at  which  he  has  a  right  to  vote,  or  in  going  to  or  returning  from 
such  an  election.  The  execution  of  any  such  process  contrary 
hereto  shall  be  void.  (Con.,  sec.  149.) 


APPENDIX 


GOVERNORS. 

Isaac  Shelby  June  4,  1792 

James  Garrard  June  7,  1796 

James  Garrard  June  1,  1800 

Christopher  Greenup  June  1,  1804 

Chas.  Scott  June  1,  1808 

Isaac  Shelby June  1,  1812 

Geo.   Madison June  1,  1816 

Gabriel  Slaughter  June  1,  1819 

John  Adair  June  1,  1820 

Joseph  Desha  June  1,  1824 

Thos.  Metcalfe June  1,  1828 

John  Breathitt  June  1,  1832 

James  T.  Morehead  June  1,  1834 

James  Clark  June  1,  1836 

Charles  A.  Wickliffe  June  1,  1839 

Robt.  P.  Letcher  June  1,  1840 

Wm.  Owsley  June  1,  1844 

John  J.  Crittenden  1 June  1,  1848 

John  L.  Helm June  1,  1850 

Lazarus  W.  Powell  September,  1851-55 

Chas.  S.  Morehead  September,  1855-59 

Beriah  Magoffin  September,  1859-62 

Jas.  F.  Robinson  September,  1862-63 

Thomas  E.  Bramlette  September,  1863-67 

John  L.  Helm  September  (5d),  1867 

Jno.  W.  Stevenson  September,  1867-71 

Preston  H.  Leslie  September,  1871-75 

Jas.   B.  McCreary  September,   1875-79 

Luke  P.  Blackburn  September,  1879-83 

J.  Proctor  Knott  September,  1883-87 

Simon  B.  Buckner  September,  1887-91 

Jno.  Young  Brown  September,  1891-95 

Wm.  O.  Bradley  December,   1895-99 

Wm.  S.  Taylor  December  1899,  January  31,  1900 

Wm.  Goebel  January  31,  1900,  February  3,  1900 

J.  C.  W.  Beckham  Feb.  3,  1900,  December,  1903 

J.  C.  W.  Beckham  December  8,  1903,  December,  1907 

Augustus  E.  Willson December  10,  1907,  December,  1911 

Jas.  B.  McCreary  December  12,  1911,  to  December,  1915 

Augustus  O.  Stanley December  7,  1915,  to  December,  1919 


124  KENTUCKY  ELECTION  LAWS. 

SECRETARIES  OF  STATE   FROM   1895  TO  1920. 

Charles  Finley  I Elected  1895-1900 

Caleb  Powers.. ..Elected  1899  and  served  from  January  to  June  13,  1900 

Ousted  by  contest. 
C.  B.  Hill. .Succeeded  in  contest.  Served  from  June  13,  1900,  to  Jan.,  1904 

H.  V.  McChesney Elected  1903-1908 

Ben  L.  Bruner Elected  1907-1912 

C.   F.   Crecelius Elected   1911-1916 

James  P.  Lewis  ...  ....Elected  1916  to  1920 


STATE   OFFICIALS 

Governor  A.  O.  Stanley 

Lieutenant  Governor  James  D.  Black 

Secretary  of  State  James  P.  Lewis 

Auditor  .....Robt.  L.  Greene 

Treasurer Sherman  Goodpaster 

Attorney  General-.M.  M.  Logan,  1915-1917;  Chas.  H.  Morris,  1917-1919 

Clerk  Court  of  Appeals Rodman  W.  Keenon 

Superintendent  of  Public  Instruction V.  O.  Gilbert 

Com.  of  Agriculture,  Labor  and  Statistics....  ....Mat.  S.  Cohen 


THE    PRESIDENT'S   CABINET. 

Secretary  of  State  Robert  M.  Lansing,  New  York 

Secretary  of  Treasury William  Gibbs  McAdoo,  New  York 

Secretary  of  War Newton  Diehl  Baker,  Ohio 

Attorney  General  Thomas  Watt  Gregory,  Texas 

Post  Master  General  Albert  Sidney  Burleson,  Texas 

Secretary  of  the  Navy Josephus  Daniels,  North  Carolina 

Secretary  of  Interior Franklin  Knight  Lane,  California 

Secretary  of  Agriculture David  Franklin  Houston,  Missouri 

Secretary  of  Commerce William  Cox  Redfield,  New  York 

Secretary  of  Labor William  Bauchop  Wilson,  Pennsylvania 


KENTUCKY  ELECTION  LAWS. 


125 


VOTE  BY  COUNTIES  IN  GOVERNOR'S  RACE— 1911. 


Jas.  B. 

Edw.  C. 

Jas.  B. 

Edw.  C. 

McCreary 

O'Rear 

McCreary 

O'Rear 

Adair  

1,615 

1,706 

Green  

1,140 

1,286 

Allen    

1,403 

1,809 

Greenup    

1,152 

1,427 

Anderson    

1,392 

978 

Hancock   

757 

875 

Ballard    

1,954 

600 

Hardin    

2,802 

1,692 

Barren  

3,121 

2,300 

Harlan  

335 

1,446 

Bath  

1,658 

1,426 

Harrison  

2,550 

1,405 

Bell    

1,195 

2,504 

Hart  

1,712 

1,650 

Boone    

1,624 

458 

Henderson    

2,802 

1,441 

Bourbon    

2,397 

1,881 

Henry  

2,314 

1,266 

Boyd    

2,138 

2,209 

Hickman  

1,648 

452 

Boyle     

1,781 

1,374 

Hopkins  

'  3,302 

2,833 

Bracken    

1,370 

839 

Jackson  

243 

1,586 

Breathitt    

1,886 

1,305 

Jefferson  

23,369 

18,137 

Breckinridge    .. 

2,032 

2,249 

Jessamine  

1,580 

1,205 

Bullitt    

1,216 

564 

Johnson     

1,067 

2,132 

Butler    

1,048 

1,899 

Kenton    

8,680 

5,325 

Caldwell   

1,440 

1,477 

Knott  

1,168 

598 

Galloway 

2  066 

1  ?82 

Knox 

954 

2  704 

Campbell    

5,252 

4,239 

Larue     

1,268 

899 

Carlisle   

1,324 

376 

Laurel   

1,183 

2,109 

Carroll  

1,465 

449 

Lawrence   

1,594 

1,656 

Carter    

1,521 

2,182 

Lee  

745 

936 

Casey     ... 

1,149 

1,328 

Leslie    

110 

992 

Christian    

3,010 

3,707 

Letcher  

489 

1,064 

Clark   

2,590 

1,559 

Lewis  

1,058 

1,960 

Clay   

707 

1,542 

Lincoln    

1,943 

1,652 

Clinton    

374 

843 

Livingston    

1,051 

787 

Crittenden    

1,253 

1,491 

Logan    

3,598 

1,889 

Cumberland  .— 

645 

1,029 

Lyon  

1,087 

687 

Daviess   

4,683 

3,085 

Madison  

3,043 

2,882 

Edmonson  

805 

1,098 

Magoffin   

947 

1,409 

Elliott    

1,171 

507 

Marion    

1,923 

1,169 

Estill    

914 

1,210 

Marshall   

1,781 

919 

Fayette   

5,438 

5,075 

Martin  

217 

835 

Fleming  

2,025 

1,798 

Mason   

2,634 

1,800 

Floyd   

1,534 

1,229 

McCracken  

2,926 

2,454 

Franklin   

3,081 

1,399 

McLean  

1,413 

1,183 

Fulton    

1,392 

401 

Meade    

1,147 

740 

Gallatin  

856 

276 

Menifee  

705 

386 

Garrard  

1,491 

1,333 

Mercer  

1,787 

1,449 

Grant  

1,583 

977 

Metcalfe    

1,069 

1,089 

Graves  

3,854 

1,543 

Monroe    

876 

1,764 

Gray  SOB.    .„,,.,..  

1,797 

2,041 

Montgomery  .... 

1,602 

1,174 

126 


KENTUCKY  ELECTION  LAWS. 


M 
Morgan 

Jas.  B.      Edw.  C. 
cCreary      O'Rear 
1,893           1,181 
2,246            2,406 
2,177           1,239' 
1,671              981 
2,638           2,811 
1,128              536 
2,367              630 
244           1,140 
1,320           1,024 
545           1,031 
2,667            3,216 
662              664 
2,145           3,574 
619              404 
910           1,604 
770              829 
769           1,024 
2,345           1,545 

*Y  COUNTIES   IN 

A.  O.       Edwin  P. 
Stanley     Morrow 
1,367           1,793 
1,211           1,938 
1,183         "  1,067 
1,708              641 
2,858            2,105 
1,239           1,079 
821           2,466 
1,341              394 
2,098           2,056 
1,713           2,614 
1,679           1,469 
1,150              905 
1,949           1,712 
1,829           2,281 
1,084              657 
902           2,191 
1,442            1,773 
2,125               845 
6,785           6,349 
1,208               388 
1.481               547 

Shelby 

Jas.  B. 
McCreary 
2  550 

Edw.  C. 
O'Rear 
1,524 
818 
461 
1,163 
1,389 
1,344 
299 
805 
3,158 
1,435 
1,342 
1,550 
3,602 
624 
1,162 

Muhlenberg   .... 
Nelson 

Simpson    
Spencer  
Taylor  
Todd    

Trigg   . 

1,593 
1,082 
1,288 
.....       1,532 
1,533 

Nicholas 

Ohio 

Oldham 

Owen 

Trimble  
Union  .     .  .. 

1,092 
2,114 

Owsley    

Pendleton*  

Warren   . 

3,020 

Perry  

Washington 
Wayne 

1,524 
1,473 

Pike   

Powell  
PulasM    
Robertson    
Rockcastle  
Rowan  

Webster    .    . 

2,392 

Whitley  ..  ... 

980 

Wolfe  

921 

Woodford   ... 
Totals 

1,540 

Scott 

226,771 

195,436 

5. 

Edwin  P. 
Morrow 
2,620 
1,831 
4,921 
1,538 
1,770 
1,030 
1,716 
1,070 
4,138 
1,295 
586 
1,432 
5,765 
1,660 
1,850 
1,402 
380 
231 
1,360 
904 
1.417 

VOTE   E 
Adair  

GOVERNOR'S 
Carter   

RACE—  191 

A.  0. 

Stanley 
1,565 

Allen 

Casey 

1  086 

Anderson    

Christian     .. 

2,883 

Ballard    

Clark   

2,054 

Barren    
Bath 

Clay    

539 

Clinton 

347 

Bell 

Crittenden 
Cumberland 
Daviess 

1,138 
503 

Boone 

Bourbon    . 

4,305 

Boyd 

Edmonson 
Elliott 

724 
1,117 

Boyle   

Bracken    

Estill 

1,040 

Breathitt  

Fayette 

5,266 

Breckinridge   .. 
Bullitt    

Fleming  

1,907 

Floyd  

2,245 

Butler    
Caldwell    
Calloway    
Campbell    
Carlisle         

Franklin 

2971 

Fulton    
Gallatin 

1,268 
791 

Garrard 

1,418 

•Grant  . 

1,411 

Carroll  .. 

Graves 

3.423 

KENTUCKY  ELECTION  LAWS. 


127 


A.  0.        Edwin  P. 

A.  O.       Edwin  P. 

Stanley      Morrow 

Stanley 

Morrow 

Grayson    

1,616 

2,078 

Menifee  

489 

297 

Green     

1,040 

1,839 

Mercer  

1,512 

1,340 

Greenup    

1,272 

1,616 

Metcalfe    

923 

1,028 

Hancock   

748 

914 

Monroe    

649 

1,608 

Hardin     

2,238 

1,692 

Montgomery  .... 

1,350 

1,098 

Harlan     

406 

1,964 

Morgan    

2,020 

1,169 

Harrison   

2,274 

1,328 

Muhlenberg   .... 

2,272 

3,336 

Hart  

1,671 

1,874 

Nelson  

1,881 

1,496 

Henderson   

2,907 

1,613 

Nicholas    

1,416 

808 

Henry    

2,229 

1,236 

Ohio  

2,559 

3,236 

Hickman  

1,489 

296 

Oldham  

899 

552 

Hopkins    

3,688 

3,684 

Owen   ,  

2,279 

637 

Jackson  

150 

1,470 

Owsley    

209 

1,202 

Jefferson  

27,649 

23,586 

Pendleton     

1,275 

950 

Jessamine    

1,387 

1,183 

Pike   

2,915 

3,379 

Johnson    

825 

2,182 

Perry  

693 

2,061 

Kenton    

8,909 

6,414 

Powell  

569 

573 

Knott  

1,400 

687 

Pulaski    

1,733 

4,181 

Knox 

758 

2,450 

Robertson 

482 

379 

Larue  

1,093 

904 

Rockcastle   

917 

1,689 

Laurel   

943 

2,067 

Rowan  

764 

836 

Lawrence   

1,609 

1,777 

Russell    

618 

1,036 

Lee  

784 

1,172 

Scott    

2,046 

1,377 

Leslie  

110 

1,369 

Shelby  

2,271 

1,668 

Letcher  

812 

1,602 

Simpson    

1,563 

748 

Lewis  

907 

2,128 

Spencer     

813 

460 

Lincoln    

1,719 

1,694 

Taylor   

1,053 

1,269 

Livingston    

1,175 

1,063 

Todd    

1,694 

1,496 

Logan  

2,814 

2,173 

Trigg    

1,384 

1,377 

Lyon  

983 

769 

Trimble     

966 

231 

Madison  

2,779 

2,885 

Union     

2,323 

910 

Magoffin    

1,299 

1,605 

Warren   

3,426 

3,029 

Marion  

1,596 

1,315 

Washington   .... 

1,208 

1,488 

Marshall   

1,635 

1,074 

Wayne  .... 

1,209 

1,652 

Martin  

128 

520 

Webster    

2,160 

1,757 

Mason    '.  

2,210 

2,081 

Whitley     

679 

2,894 

McCracken  

3,524 

3,084 

Wolfe  

953 

717 

McCreary    

253 

1,297 

Woodford   

1,382 

1,154 

McLean  
Meade    

,Jol 
973 

,ouy 
722 

Totals    

219,991 

219,520 

128 


KENTUCKY  ELECTION  LAWS. 


VOTE  BY  COUNTIES  IN   U.  S.  SENATOR'S  RACE  IN  1914. 


J 

B< 
Adair   

Allen 

r.  C.  W. 
Bckham 
1,348 
1,294 
1,084 
1,177 
2,613 
1,128 
705 
1,240 
1,714 
1,560 
1,605 
1,021 
1,513 
1,740 
842 
730 
1,121 
1,841 
3,698 
765 
1,127 
1,471 
859 
2,672 
1,823 
390 
256 
981 
442 
2,972 
652 
894 
797 
3,794 
1,534 
1,393 
2.684 
1,014   ' 
571 
1,012 
1,088 
3,555 
1,379 

A.E. 
Willson 
1,229 
1,557 
620 
323 
1,940 
865 
1,176 
359 
1,618 
2,003 
957 
680 
887 
1,711 
315 
1,071 
1,161 
481 
5,938 
18G 
284 
2,233  ' 
1,089 
4,127 
1,271 
1,091 
817 
1,355 
764 
2,262 
1,053 
413 
1,105 
3.597 
1,363 
1,286 
1,055 
257 
169 
658 
653 
1,023 
1.461 

I 
Green         

J.  C.  W. 

Seckham 
785 
960 
545 
2,077 
254 
2,129 
1,297 
1,935 
1,899 
999 
2,396 
127 
21,516 
1,022 
882 
4,826 
1,058 
685 
1,084 
765 
1,347 
582 
84 
546 
879 
1,575 
795 
3,117 
830 
2,158 
818 
1,458 
1,306 
185 
1,838 
2,713 
193 
878 
917 
447 
1,350 
824 
664 

A.E. 
Willson 
799 

1,127 
382 
799 
1,049 
1,183 
1,071 
835 
714 
125 
1,707 
1,084 
9,321 
842 
1,G03 
6,111 
513 
1,233 
505 
1,336 
1,230 
777 
867 
1,299 
1,758 
1,275 
774 
1,557 
522 
2,195 
1,169 
629 
698 
514 
1,855 
1,186 
709 
558 
422 
264 
683 
909 
1.134 

Greenup 

Anderson 

Hancock 

Ballard 

Hardin 

Barren 

Harlan 

Bath 

Harrison      
Hart  . 

Bell    .  . 

Boone 

Henderson    
Henry    
Hickman  

Bourbon    

Boyd    

Bovle    

Hopkins    

Bracken 

Jackson 

Breathitt 

Jefferson 

Breekinridge    - 
Bullitt 

Jessamine    
Johnson     
Kenton 

Bntler 

Caldwell    
Galloway  
Campbell    
Carlisle    
Carroll  

Knott 

Knox        

Larue  .'  
Laurel    

Lawrence    
Lee     

Carter    

Casey  

Leslie  

Christian 

Letcher 

Clark 

Lewis 

Clay 

Lincoln            -  - 

Clinton 

Livingston    
L  <ogan 

Crittenden    
Cumberland   .... 
Paviess 

Lyon 

Maclison 

Edmonson    
Elliott    

Magoffin 

Marion     
Marshall     
Martin 

Estill 

Favette 

Fleming 

Mason 

Floyd 

McCracken     .... 
McCreary   
McLean 

Franklin    
Fulton    

Gallatin 

Meade 

Garrard 

Menifee 

Grant 

Mercer 

Graves     

Grayson 

Metcalfe    
Monroe    . 

KENTUCKY  ELECTION  LAWS. 


129 


] 

Montgomery    .. 
Morgan 

J.  C.  W.        A.  E. 
Beckham     Willson 
1,232               995 
1.G09               813 
1,747            1,920 
1,906            1,158 
1,295               646 
1,907            1,819 
732               217 
1,948               472 
184               804 
999               635 
635            1,475 
2,388            3,246 
538               439 
1,554            2,288 
476               229 
638            1,307 
648               697 
622               858 

COUNTIES  IN  U. 

Stanley      Bruner 
1,122           1,629 
1,208            1,773 
985               763 
1,650               408 
2,589            1,862 
1,077            1,097 
773            2,079 
1,466               403 
1,870            1,576 
1,690            2,140 
1,548            1,123 
1,045               741 
992               548 
1,711            2,138 
1,060               562 
849            1,835 
1,167            1,277 
2,022               624 
4,173            3,921 
1,100               278 
1,451               439 
1,183            1,860 
876            1.551 

Scott 

J.  C.  W. 

Beckham 
2  131 

A.  E. 
Willson 
1,085 
1,045 
572 
256 
487 
1,246 
1,146 
183 
572 
2,024 
724 
1,255 
924 
1,528 
441 
856 

Shelby 

1  802 

Muhlenberg    .... 
Nelson 

Simpson 

1  317 

Spencer 

698 

Nicholas 

Taylor       

807 

Ohio     

Todd    

1,372 

Oldhara   
Owen    

Trigg 

1  161 

Trimble     
Union    . 

895 
1  628 

Owsley 

Pendleton 

Warren 

2,757 

Perry 

Washington 
Wayne     

932 
1,198 

Pike 

Powell 

Webster    
Whitley  

1,565 
628 

Pulaski    

Robertson  
Rockcastle    
Rowan 

Wolfe 

755 

Woodford 

1  053 

Totals    .... 

176  605 

Russell 

144,758 

1918. 

Bruner 
3,522 
1,295 
1,088 
1,114 
1,320 
1.217 
2,646 
1,175 
295 
932 
3,478 
1,466 
1,038 
891 
389 
224 
1,338 
882 
1,289 
1,998 
1,178 
1,160 
731 

VOTE  BY 
Adair       

S.  SENATOR'S 

Christian    ... 

RACE  IN 

Stanley 
2,984 

Allen 

Clark 

1  516 

Anderson 

Clay 

437 

Ballard 

Clinton 

291 

Barren 

Crittenden    . 
Cumberland 
Daviess    
Edmonson    . 
Elliott    

922 

389 
3,648 
697 
710 

Bath 

Bell 

Boone 

Bourbon 

Boyd            

Estill    

614 

Boyle   ... 

Fayette    ...... 

3,384 

Bracken     

Fleming    

1,697 

Breathitt  

Floyd   

1,022 

Breckinridge    .. 
Bullitt 

Franklin    

2,690 

Fulton 

1,503 

Butler 

Gallatin 

783 

Caldwell 

Garrard 
Grant  

1,114 
1,330 

Galloway  

Campbell    
Carlisle   

Graves  

3,521 

Grayson    
Green 

1,427 
884 

Carroll 

Carter 

Greenup    
Hancock    . 

1,026 
657 

Casev  .. 

130 


KENTUCKY  ELECTION  LAWS. 


Stanley 

Bruner 

Stanley 

Bruner 

Hardin     

2,295 

1,455 

Metcalfe   

840 

1,011 

Harlan     

405 

1,977 

Monroe    

637 

1,669 

Harrison  

2,134 

1,068 

Montgomery  .... 

1,091 

900 

Hart     

1,471 

1,719 

Morgan    

1,254 

642 

Henderson    

2,808 

1,214 

Muhlenberg   .... 

2,457 

2,952 

Henry    

2,117 

1,087 

Nelson  

1,994 

1,036 

Hickman  

1,297 

279 

Nicholas    

1,345 

845 

Hopkins    

3,129 

3,017 

Ohio  

2,006 

2,744 

Jackson  

102 

1,275 

Oldharn   

1,110 

475 

Jefferson     

19,835 

23,021 

Owen   

2,256 

575 

Jessamine     

1,240 

1,120 

Owsley    

122 

849 

Johnson    

690 

2,022 

Pendleton  

1,072 

1,065 

Kenton    

6,452 

3,371 

Perry  

543 

1,251 

Knott  

800 

318 

Pike     

2,312 

3,420 

Knox    

597 

2,088 

Powell  

360 

343 

Lame  

982 

819 

Pulaski    

1,360 

2,952 

Laurel    

604 

1,932 

Robertson  

451 

345 

Lawrence    

1,206 

1,341 

Rockcastle   ...... 

627 

1,539 

Lee  

434 

729 

Rowan  

497 

575 

Leslie  

57 

781 

Russell    

517 

1,078 

Letcher  

521 

1,427 

Scott    

1,887 

1,100 

Lewis     

747 

1,818 

Shelby  

2,011 

1,333 

Lincoln    

1,605 

1,491 

Simpson    

1,541 

799 

Livingston    

940 

779 

Spencer    

921 

454 

Logan    

3,084 

1,858 

Taylor     

1,016 

1,149 

Lyon  

833 

593 

Todd    

1,535 

1,294 

Madison    

2,227 

2,322 

Trigg   

1,281 

1,209 

Magoffin    

769 

1,019 

Trimble     

1,030 

205 

Marion    

1,542 

960 

Union  

2,096 

699 

Marshall   

1,496 

873 

Warren   

3,334 

2,301 

Martin  

133 

753 

Washington   .... 

1,209 

1,429 

Mason    

2,011 

1,580 

Wayne  .... 

770 

1,286 

McCracken  

2,384 

1,535 

Webster    

1,971 

1,473 

McCreary   

200 

1,051 

Whitley  

606 

2,665 

McLean  

1,253 

1,126 

Wolfe     

684 

389 

Meade    

1,034 

648 

Woodford   

1,238 

946 

_  _     .  „ 

K-|  A 

OQQ 

Mercer    

1,607 

1,208 

Totals    

184,385 

178,797 

KENTUCKY  ELECTION  LAWS. 


131 


VOTE    BY   COUNTIES    FOR   THE    HIGHEST    ELECTOR   ON    DEMO- 
CRATIC  AND    REPUBLICAN   TICKET   IN    1916. 


Jas.  P. 

S.H. 

Jas.  P. 

S.H. 

Edwards 

Kash 

Edwards 

Kash 

D. 

R. 

D. 

R. 

Adair   

1,675 

1,863 

Graves  

5,197 

1,930 

Allen    

1,647 

2,147 

Grayson    

1,953 

2,368 

Anderson    

1,521 

1,065 

Green    

1,239 

1,412 

Ballard    

2,222 

692 

Greenup    

1,820 

1,821 

Barren    

3,370 

2,462 

Hancock   

833 

918 

Bath  

1,796 

1,360 

Hardin    

3,272 

1,887 

Bell    

1,373 

3,321 

Harlan  

690 

2,fc70 

Boone    

2,008 

531 

Harrison  

2,778 

1,409 

Bourbon    

2,715 

2,167 

Hart  

2,048 

2,031 

Boyd    

2,738 

2,883 

Henderson    

3,699 

2,218 

Boyle   

2,052 

1,494 

Henry    

2,595 

1,302 

Bracken    

1,676 

1,082 

Hickman  

1,982 

539 

Breathitt    

2,067 

1,584 

Hopkins    

3,757 

3,615 

Breckinridge   .. 

2,172 

2,549 

Jackson  

252 

1,968 

Bullitt    

1,508 

826 

Jefferson  

28,840 

28,386 

Butler    

1,158 

2,456 

Jessamine    

1,727 

1,326 

Caldwell    

1,605 

1,672 

Johnson    

1,253 

2,500 

Galloway  

3,334 

1,026 

Kenton    

10,402 

5,267 

Campbell    

7,290 

5,696 

Knott  

1,454 

571 

Carlisle   

1,646 

494 

Knox    

1,126 

3,192 

Carroll  

1,757 

535 

Larue  

1,350 

936 

Carter   

1,954 

2,818 

Laurel   

1,171 

2,383 

Casey  

1,352 

1,949 

Lawrence    

1,910 

1,928 

Christian    

3,644 

4,594 

Lee  

793 

1,135 

Clark   

2,620 

1,731 

Leslie    

133 

1,516 

Clay   

820 

2,271 

Letcher  

1,121 

2,220 

Clinton    

379 

1,260 

Lewis     

1,276 

2,324 

Crittenden    

1,455 

1,794 

Lincoln   

2,212 

1,868 

Cumberland   .... 

653 

1,394 

Livingston    

1,287 

923 

Daviess    

5,396 

4,078' 

Logan    

3,373 

2,501 

Edmonson    

935 

1,339 

Lyon    

1,191 

748 

Elliott    

1,151 

525 

Madison    

3,295 

3,017 

Estill    

1,180 

1,524 

Magoffin   

1,433 

1,535 

Fayette   

6,348 

5,472 

Marion    

2,063 

1,396 

Fleming    

2,240 

1,836 

Marshall   

2,263 

1,201 

Floyd  

2,217 

1,823 

Martin     

280 

1,100 

Franklin   

3,345 

1,426 

Mason   

2,820 

2,127 

Fulton   

2,200 

747 

McCracken  

4,356 

3,058 

Gallatin  

1,060 

283 

McCreary   

324 

1,630 

Garrard  

1,375 

1,628 

McLean  

1,589 

1,439 

Grant    

1,341 

1,078 

Meade    

1,317 

803 

132 


KENTUCKY  ELECTION  LAWS. 


Jas.  P. 
Edwards 

S.  H. 
Kash 

Jas.  P. 
Edwards 

S.  H. 
Kash 

D. 

R. 

D. 

R. 

Menifee  

730 

369 

Rowan  

881 

941 

Mercer    

2,093 

1,531 

Russell     

859 

1,298 

Metcalfe    

1,046 

1,170 

Scott    

2,611 

1,486 

Monroe    

882 

2,008 

Shelby   

2,919 

1,863 

Montgomery    .. 

1,705 

1,195 

Simpson    

1,887 

955 

Morgan    

2,319 

1,123 

Spencer  

1,271 

591 

Muhlenberg    .... 

2,900 

3,533 

Taylor   

1,360 

1,332 

Nelson  

2,639 

1,546 

Todd    

2,051 

1,671 

Nicholas    —  '  

1,829 

964 

Trigg   

1,722 

1,533 

Ohio   -./.  

2,723 

3,286 

Trimble  

1,319 

259 

Oldham   

1,455 

642 

Union  

2,754 

1,184 

Owen   

2,911 

663 

Warren   

4,228 

3,002 

•Owsley    

197 

1,173 

Washington   .. 

1,654 

1,654 

Pendleton  

1,728 

1,206 

Wayne     

1,373 

1,638 

Perry  

904 

2,217 

Webster   

2,673 

2,082 

Pike     

3,414 

4,212 

Whitley  

1,171 

3,919 

Powell  

757 

587 

Wolfe  

1,108 

645 

Pulaski    

2,531 

4,136 

Woodford    

1,786 

1,300 

T>      "K         4- 

flfiO 

41  ^ 

Rockcastle    . 

968 

1.932 

Totals    . 

.    269.990 

241.854 

Index  of  Election  Laws 

OF  THE  STATE  OF  KENTUCKY 


ELECTION  COMMISSIONERS— 

County   Commissioners    „ 1596a 

State   Commissioners   1596a 

ELECTIONS— See  Constitution— 

.    1.  General  Provisions. 

2.  Ballots. 

3.  Contested  Elections 

4.  Election  Commissioners. 

5.  Penalties. 

6.  Primary  Election. 

7.  Registration. 

8.  Vacancies,  how  filled. 

1.     GENE'RAL  PROVISIONS— 

Appeals  and  contested  elections  1596a 

bond  in  1596a 

judgment  in — effect  1596a 

trial  of  1596a 

Arrest  of  offenders  against  law  1592 

bail — surety  1592 

Assessor — time  of  election  1519 

vacancy  in  office — how  filled  152G 

Attorney,  county — time  of  election  1519 

vacancy  in  office — how  filled  1526 

Commonwealth — time  of  election  1519 

vacancy  in  office — how  filled  3758,  1522,  1528 

General — time  of  election  1516 

vacancy  in  office — how  filled  1522-3 

Auditor — time  of  election  1516 

vacancy  in  office— how  filled  1522-3 

Betting  on  election — penalty  1975 

Blind  person — manner  of  voting  1475 

Booths — provisions  concerning  1467 

penalty  for  injury 1568 

Boxes  for  ballots  1468-82 


134  KENTUCKY  ELECTION  LAWS. 

1.     GENERAL  PROVISIONS— Continued- 
Bribery  defined  1586 

disfranchises    1439 

punishment  for  1586-7 

Candidate — death,  removal,  withdrawal — 

effect  1458-1464 

name — when  go  on  ballots  1453 

Canvassing  returns   1596a-9 

board — failure  to  do  duty  1580 

Cards  of  instruction — provision  concerning  1465-6 

Certificate  of  nomination  1453-8 

election  of — granting  and  form 1596a 

giving  improper  1585a 

officers  of  election  to  give  1483 

refusal  to  give — penalty  1582 

tampering  with  1581 

Challenge  of  voters  ~ 1477 

Challengers— appointment  of  1470,  1481a 

Citizenship  of  voter — how  determined  1479' 

City  in  two  counties — election  in  1445 

Clerk  Court  of  Appeals — time  of  election 1517 

vacancy  in  office — how  filled  1522 

circuit — time  of  election  1518 

vacancy  in  office — how  filled  1528 

county — time  of  election  1519 

vacancy  in  office — how  filled 1526 

Commissioner  of  A.  L.  &  S. — time  of  election 1516 

vacancy  in  office— how  filled 3758,  1522 

Compensation  of  officers  1540-2 

Congressional  elections — time  of  1515 

Constable — time  of  election 1519 

vacancy  in  office — how  filled 1526 

Constitutional  amendment — how  voted  for  1459 

Contest  board — failure  to  do  duty  1580 

contest  „ 1539a-l  to  14 

Contest  board — failure  to  do  duty  1580 

Contested  election  board  1596a 

General  Assembly — member  of  1532 

Governor  or  Lieutenant  Governor  1596a 

elections    1596a 

Construction — how  law  construed 1591 

Coroner — time  of  election  1519 

vacancy  in  office — how  filled  1526 . 

when  to  act  for  sheriff  1451 

Corporation  interfering  in  election  1574-74a 


KENTUCKY  ELECTION  LAWS.  135 

1.     GENERAL  PROVISIONS— Continued- 
Costs  of  contested  election  1596a 

Counting  vote 1482 

County  clerk — printing  ballots  wrong 1457a 

Death  of  candidate  1458-64 

Device  1453-60 

Disabled  person — manner  of  voting  1475 

Election  commissioners  1596a 

Election — meaning  of  word  1437 

Electioneering  near  polls — penalty 1J569 

Employes — to  be  allowed  time  to  vote  1574 

corporation   influencing — penalty   1574a 

Envelopes — clerks  to  furnish  1465 

Examining  board  for  county  1596a 

1    district,   for  1596a 

State,  for  1596a 

Expenses  of  election — how  paid  1540-1 

False  swearing  or  subornation  of — penalty  1589-90 

Felony — conviction  of  disfranchises  1439 

Fiscal  court — time  of  election  of  members  1519 

vacancy  in  membership — how  filled  1526 

General  Assembly— contested  election  in  1532 

vacancy  in — how  filled  .v..~ 1524 

Governor — time  of  election  1516 

contested  election  of  1596a 

vacancy  in  office — how  filled  1525 

Grand  jury — charge  to  concerning 1591 

Hours  of  election  1469 

Idiots — disfranchised    1439 

Illiterate  person — manner  of  voting  1475 

Insane    person — disfranchised    * 1439 

Inspectors  1481-81a,  1483 

Intimidation  of  voter 1585a 

Interfering  with  elections— penalty  1588,  1585a 

Jailer — time  of  election  1519 

vacancy  in  office — how  filled  1526 

Judge,  circuit — time  of  election  1518 

vacancy  in  office — how  filled  3758,  1522 

County — time  of  election  1519 

vacancy  in  office — how  filled  1529 

Court  of  Appeals — time  of  election  1520 

vacancy  in  office— how  filled  3758,  1522 

Justice  of  the  peace — time  of  election  1519 

vacancy  in  office — how  filled  3758,  1527 

Keys  to  ballot  boxes  1482 

Lieutenant  Governor — time  of  election  ..         1516 


136  KENTUCKY  ELECTION  LAWS. 

/ 

1.     GENERAL  PROVISIONS— Continued- 
vacancy  in  office — how  filled  1523 

Limitation  of  prosecutions  1595 

Liquor — sale  on  election  day  1575 

Municipal  election  1441-45 

Nomination  by  party  1453-7 

Oath  to  voter       1477a 

Officers  of  election — 

appointment  and  qualification  1596a 

compensation . 1541 

definition  of  1442 

disobedience  of  1576 

duties   '. 14G9-73,   1476-77a,   1482-84 

interfering  with  1585a 

notice  of  appointment  1596a 

oath  to  be  taken  by 1596a 

removal  of  1596a 

sheriff  to  notify  1596a 

voters  may  elect — when  1596a 

Officers  not  provided  for — time  of  election  of  1520 

Pasters  to  use  in  ballots 1464 

Pencils — clerks    to    furnish    1471 

Petition  nominating  candidate  1453-4 

filing  and  preservation  o,f  1454-7 

Personating  a  voter — penalty  1572 

Petition  nominating  candidate  1453-7 

Poll  books — altering — penalty  1581 

Poll  tax — payment  in  town  elections  before  voting  1441 

Polls — persons  not  voting  to  keep  from 1470 

Precincts — creation  of — altering  1443-4 

change  of  voting  place  1443 

numbers   of  voters  in  1443 

Presidential  electors— meeting  :. 1543 

compensation — payment   343,   1545 

time  of  election  of  1514 

vacancy — how   filled    1544 

Prisoner — disfranchised     1439 

Proclamation  for  election  1523 

Public  measure — how  voted  for  1459 

Receipts  for  boxes  1465 

Residence  of  voter — how  determined 1478,  1480 

Resignation — to  whom   tendered   1530 

Representative  at  polls — candidate  may  have  1481 

School  election — provision  as  to  .....1446 

Sealing  wax — clerks  to  furnish  1465 

Seamen — when  not  to  vote  ...  ....1440 


KENTUCKY  ELECTION  LAWS.  137 

1.     GENERAL  PROVISIONS— Continued- 
Secretary  of  State— duties  concerning  1453,  1456,  1457,  1458,  1462 

time  of  election  1516 

vacancy  in  office — how  filled  3758,  1522 

Senator,  United  States — election  of  1546 

certificate  of  election  to  1546 

vacancy  in  office — how  filled  1546 

Sheriff — duties    of   1449,    1451,    1467,    1484,    1596a 

penalty  for  failing  to  perform  1578 

person  who  may  act  in  place  of  1451 

powers  of  1438 

time  of  election  of  1519 

vacancy  in  office — how  filled  1526 

Soldiers — when  not  to  vote  1440 

Stamps — clerk    to    furnish 14G5 

Stencils — clerks  to  furnish  and  distribute  1465,  1471 

Stubs — clerks  to  furnish  1461 

secondary  retained   1472 

Superintendent  of  Public  Instruction — time  of  election  1516 

vacancy  in  office — how  filled  3758,  1522 

Superintendent  of   schools — time  of  election 1519 

vacancy  in  office — how  filled  1526 

Surveyor — time  of   election  1519 

vacancy  in  office — how  filled  1526 

Testimony  to   convict   of  offenses  against  1593-4 

Tie  vote — how  determined  by  State  Board  1596a 

district  board — how  determined  by  1596a 

Town  in  two  counties — provision  lor  election  1445 

Treasurer,  State— time  of  election  3758  151G 

vacancy  in  office — how  filled  1522 

Voters— qualifications   of   1439-40 

arrest — when  exempt  from  4568 

challenging — manner  of  1477 

intimidating   ^. 1585a 

number  of  in  precinct  1443 

residence — citizenship — -how    determined    1478-80 

Votes — counting   of   1482 

Voting  places — change   in  1443-4 

sheriff  to   provide   1467 

manner    of    ....1471-2 

person  not  on  ballot — for  1471 

Withdrawal  of  candidate  , :. 1458-64 

Witnesses  before  grand  jury  1593 

Writs  of  election — who  to  issue  1523-8 


138  KENTUCKY  ELECTION  LAWS. 

2.     BALLOTS— 

Ballot — secret    1446 

Ballot  boxes — how  provided  and  paid  for 1468,  1482 

destroying — penalty    1573 

election   officers — duty   concerning  1468 

tampering  with  1585a 

Book — to  be  bound  in  1461 

Candidates  name  on  1453,  1460 

Clerk,  county— duty  1453,  1457a,  1460 

Distribution  of 1465 

Defacing — penalty    1476 

Destroying — penalty    1573 

Device  on  1453 

Form   of   1460 

Marking— penalty  1476,  1570 

Mutilated    1482 

Note  voted  returned  1473 

Number  of  1462,  1465 

Officer  not  to  deposit  1476 

Pasters  to  put  on  _ 1464 

Payment   for  1452 

Printer   selling — penalty   146; 

Printed,  to  be  1462 

Printing  and  delivery  of  1452 

Shown    1474 

Spoiled    1473 

Tampering  with  1585a 

Uncounted 1482 

Unused    1482a 

Voting — manner  of  1471-4 

3      CONTESTED  ELECTION— 

False  swearing  in — penalty  1176 

General  Assembly — member  of , 1532 

Governor  and  Lieutenant  Governor  1596a 

Local  option — provision  for  generally  159  6a 

4.     ELECTION  COMMISSIONERS— 

State   and   county   1596a 

appointment  and  qualifications  1596a 

district  board — who  compose  1596a 

duties — powers — compensation    1596a 

election  officers  appointed  by  1596a 

election  returns  canvassed  by  1596a 

Secretary  of  State  Board  1596a 

salary  of  commissioners  1596a 


KENTUCKY  ELECTION  LAWS.  139 

5.     PENALTIES— 

Ballots — printer  selling  1463 

defacing  or   marking   1476 

destroying  1573,  1581 

disclosing  how  marked  1569,  1571 

having   out   of   room 1566 

marking  1476,   1567 

tampering  with  1585a 

wrongful   removal  of  1567 

Ballot  boxes — injuring  - 1573 

Booths — injuring    „ 1568 

Bribery — punishment  for 1586-7 

Certificate  of  election — refusal  to  give  1582 

Corporation  interfering  1574-74a 

County  clerk — against  1457a,  1462-62a 

Electioneering  near  polls  1569 

Employes — refusing  time  to  vote  1574 

False  swearing  or  subornation  of  1477a  1589-90 

as  to  illiteracy,  blindness,  disability  1475 

Intimidating   voter    .' 1585a 

Interfering  with  elections   1588 

Limitations  of  prosecutions 1595 

Liquor  selling  on  election  day 2565,  1575 

Officer  of  election — refusing  to  obey  1576 

violation  of  duties  by  1477a 

canvassing  board — acting  corruptly  1580 

Personating  voter   1572,   1585 

Poll  books — altering  or  destroying ; 1581 

Printer  violating  law 1463 

Registration — illegal   1503 

interfering  with  1505 

books— destroying   1504 

false   - 1500 

Repeating   1585 

Secretary  of  State  ~ 1462 

Showing  ballot  „ 1569 

Stealing  election  supplies  1465 

Vote — receiving  illegal  1583 

Voter — not  qualified  _ 1584-5 

leaving  room  with  ballot  1473 

7.     REGISTRATION— 

Additional   registration   _ 1491 

Alien  may  register  1492 

Books — duty  of  clerk  concerning  1489 

copies  of — custody  of 1494 

delivery  of  to  officers 1502 


140  KENTUCKY  ELECTION  LAWS. 

7.    REGISTRATION— Continued- 
Challengers  to  voters  1488,  1499 

Clerk,    county — compensation    of    1506 

Compensation  of  officers  - 1506 

County  clerk  may  register  persons  1499 

County  court  may  strike  name  from  book  1501 

Doubtful   voter — "marking" 1501 

Expenses — how  paid  1506 

Officers  of  registration — duties  1486-88,   1493 

Officers — special   registration   for   1496a 

Penalty  for  false  - 1500 

Penalty  for  violations  of  law  1503-5 

Precincts — removal  from  1497 

Repeating — penalty   1585 

Sickness  or  absence — time  to  register  1498 

Special  registration 1495-6 

Time  to  register  1490 

Voting  place  outside  of  town — provision  for  , 1486a 

8.     VACANCIES— 

Attorney  for  Commonwealth — how  filled 3758,  1528 

Circuit   clerk— how   filled   1528 

County  officers  in — how  filled  3758,  1526-7 

judge— how  filled  3758,  1529 

Generally— how  filled  3758,  1522-3 

General  Assembly — in   1524 

Governor — in  office  of  1525 

Justice  of  the  peace 3758,  1527 

Presidential  electors  in  1544 

Senator  United  States  . 1546,  1547-8 

State  officers  generally  3758,  1522-3 

Vacancy — meaning  of  word 1521 

ELECTORS,  PRESIDENTIAL— 

Compensation   of   1545 

Meaning  of 1543,  1596a 

Time  of  election  1514 

Vacancy  in — how  filled  1544 

PRIMARY  ELECTIONS— 

Affidavits  to  be  filed  with  nomination  papers — ....form... .(6)     1550 

Application  of  law   (1)     1550 

Ballots  and  boxes — concerning (17)     1550 

counting  of  (18)     1550 

errors — review  by  court  (27)     1550 

-names  on — order,  how  determined  (4,   14)     1550 

number  of   (18)     1550 

order  of  offices  on  ....(16)     1550 


KENTUCKY  ELECTION  LAWS.  141 

PRIMARY  ELECTIONS— Continued- 
Candidates — certificates  where  only  one  candidate  files 

papers (9)  1550 

certification  by  Secretary  of  State  (13)  1550 

for  nomination — concerning (1,  4,  6)  1550 

names — order  of  on  ballot  (14)  1550 

names — publication  of  (15)  1550 

nomination  of  (1)  1550 

Canvassing   board    (2)  1550 

Canvassing  returns   (26)  1550 

Certificates — of  nomination   (26)  1550 

where  only  one  candidate  files  papers  (9)  1550 

Certificates,  transfer  (21)  1550 

Certification  of  candidates  (13)  1550 

Certifying    returns    (25)  1550 

Challenge  of  voter  (20,  23)  1550 

Challenger  and  inspector (23)  1550 

Circuit  court — review  by  (27)  1550 

Commissioners — State  board  of   '. (2)  1550 

Contests — concerning    (28)  1550 

Counting  ballots  (25)  1550 

County  clerks — compensation  of  (30)  1550 

register   kept   by   (12)  1550 

wrongful  acts  by — penalty  (33)  1550 

Courts — review  by  (27)  1550 

Election— contest   (28)  1550 

holding  of,  time  and  place  (3)  1550 

expenses  of (29)  1550 

officers  of  (22)  1550 

place  of  holding  (3)  1550 

time   of  holding  ...* (3)  1550 

Election  of  commissioners — duty  of (22)  1550 

canvass  of  returns  by  (26)  1550 

Elective  offices — nominations   for   (1)  1550 

Electors— challenge   of  (20,   23)  1550 

presidential — exempt    .' (1)  1550 

qualifications  of  (19)  1550 

who  may  file  nomination  papers  (6)  1550 

Emblems,  party — use  of  (5)  1550 

on  ballot  (17)  1550 

Errors — review  by  court  (27)  1550 

Exemptions    (1)  1550 

Expenses  of— how  paid  (29)  1550 

Fees — county  clerk  (30)  1550 

Forgery  of  signatures  (31)  1550 

Form  of  candidates  and  nominating  petition  (6)  1550 


142  KENTUCKY  ELECTION  LAWS. 

PRIMARY  ELECTIONS— Continued- 
Inspectors   (23)  1550 

Holding  of — time  and  place  (3)  1550 

Law — how   construed   (36)  1550 

Manner  of  conducting  : (36)  1550 

Names  of  candidates — how  certified  (14)  1550 

error  in  placing  on  ballot — review  by  court  (27)  1550 

grouping  of  on  ballot   (4)  1550 

omitted  from  ballot — review  by  court  (27)  1550 

publication  and  order  of  printing  (15)  1550 

Nomination — how  made  (1)  1550 

certificate  of — concerning  (26)  1550 

Nomination    papers — concerning    (6)  1550 

affidavits  to  be  filed  with— form  of (6)  1550 

destroyed — when  to  be  (10)  1550 

filing — manner,  time  and  place  (6,  7)  1550 

forms   of   (6)  1550 

inspection  of — by  whom  (11)  1550 

"Notification  and  Declaration"— form  of  (6)  1550 

signing  of  (6)  1550 

suppression   of   (32)  1550 

Offenses  against — penalty  (35)  1550 

Officers   of  election — concerning  (22)  1550 

Officers — how  placed  on  ballot  (16)  1550 

nominations  for   (1)  1550 

Omissions  of  names  on  ballots — review  by  court (27)  1550 

Omitted  provisions  governing — how  supplied (36)  1550 

Parties,   political — defined — must  nominate   (5)  1550 

Penalties  (35)  1550 

Place  of  holding (3)  1550 

Political  party — defined — must  nominate  (5)  1550 

Presidential  electors — exempt (2)  1550 

Primaries— rules   applying   (36)  1550 

Primary  election — see  election. 

Provisions   governing  (36)  1550 

Qualifications  of  electors  (19)  1550 

Register  of  candidates — concerning (12)  1550 

Registration — cancelled  when  (21)  1550 

for  women — school  elections  (17a)  1550 

special   (20)  1550 

transfer  certificates  of — concerning  (21)  1550 

Returns — canvassing  of  (26)  1550 

canvassing  of  for  U.  S.  Senator  (2)  1550 

certifying  of (25)  1550 

Review  by  court — errors — omissions  (27)  1550 

Rules  applying  to  (3Q  1550 


KENTUCKY  ELECTION  LAWS.  143 

PRIMARY  ELECTIONS— Continued- 
School   boards — members   exempt   (1)     1550 

School  trustees — exempt (1)     1550 

Secretary  of  State— certification  by  (13)     1550 

register  of  candidates  kept  by  (12)     1550 

wrongful  acts  by — penalty  (34)     1550 

Senator— United    States    A  (2)     1550 

Signatures— forgery  of— penalty  (31)     1550 

Special  registration — concerning   (20)     1550 

for  women  in  school  elections  (17a)     1550 

State  board  of  election  commissioners — duties (26)     1550 

Supplies  for (29)     1550 

Suppression  of  nomination  papers — penalty  (32)     1550 

Terms  unexpired — nomination  for  (4)     1550 

Time  of  holding  (3)     1550 

Transfer  certificates  (21)     1550 

Trustees  of  common  schools — exempt .(1)     1550 

Trustees  of  fifth  and  sixth  class  cities — exempt (1)     1550 

Unexpired    terms — concerning    (4)     1550 

United    States    Senators (2)     1550 

Vacancies — after  nomination — how  filled  (5)     1550 

special  elections  to  fill — concerning  (3)     1550 

unexpired  terms — how  filled  (4)     1550 

Voters — see  electors,  qualifications  of (19)     1550 

Votes— counting  of  ~ (25)     1550 

number  nominating  (26)     1550 

Voting — manner   of  (24)     1550 

Women — school  elections — special  registration  for (17a)     1550 

ELECTIONS— 

Absent   voters — affidavit   of — form , ..1520a-4 

application    of    1520a-4 

ballot  for — provisions  1520a-5 

ballots — custody    ~ 1520a-7 

delivery   of   1520a-7 

forwarding  to  voter  1520a-5 

voted— how  ~ 1520a-8 

Voted— when    1520a-8 

Commissioned  officer  may  administer  oath  to 1520a-10 

election   returns   1520a-9 

false   registration — penalty  1520a-ll 

forwarding  of  ballot  to  1520a-5 

oath  of — who  may  take 1520a-20 

registration     1520a-2 

false— penalty    1520a-ll 

rights  of    1520a-3 

steps  to  be  taken  by  1520a-4 


144  KENTUCKY  ELECTION  LAWS. 

ELECTIONS— Continued- 
voting    1520a-6 

who  are 1520a-l 

Ballots— absent   voter— provisions   1520a-4,   1520a-8 

amount   furnished   counties   14G2 

blank  spaces — concerning  1462 

clerk  to  furnish 1465 

distribution  of  1465 

destruction  of — when  1482b 

number  of  1462,  1465 

paper,  kind  to  be  used  1462 

penalties    concerning    '. 1462 

printed,  to  be  , 1462 

printing   of,    concerning 1462 

Secretary  of  State — duty  1462 

Canvassing  board — duties   1596a-9 

Certificate  of  nomination — filing  of  1457 

withheld,'  when   1565b-7 

Conflicting  laws — effect   1520a-15 

Constitutional  amendment — how  voted  for  1459 

Constitutional  amendment — contest  of  election  upon — appeal 

from  judgment  1539a-14 

ballots — recount    of    1539a-3 

bond  for  cost  1539a-ll 

bribery — effect  on  precinct  1539a-5 

challengers — duties — privileges    1539a-10 

list  to  be  filed 1539a-9 

nomination   of   1539a-8 

procedure  where  two  amendments  voted  on  1539a-9 

Commonwealth  attorney  to  act — when  1539a-13 

cost — bond  for  to  be  given : 1539a-2 

entire  precinct  rejected — when  1539a-4,  1539a-5 

general  election  laws  applied  to  offenses  1539a-6 

inspectors — duties — privileges    1539a-10 

list  of  to  be  filed  1539a-9 

nomination   of   1539a-8 

procedure  where  two  amendments   voted  on 1539a-9 

intimidation — effect  on  precinct 1539a-5 

jurisdiction  in   Franklin   county  1539a-14 

newspaper  publication  of  contest  1539a-12 

notice  of  to  be  given  1539a-l 

offenses — general  election  laws  applied  1539a-6 

petition — where    filed    1539a-l 

recount  of  ballots — concerning  1539a-3 

tampering  with  ballots — penalty  1539a-3 

vacation— filing  petition  in  ....1539a-2 


KENTUCKY  ELECTION  LAWS.  145 

ELECTIONS— Continued- 
voter  may  be  party  to  1539a-ll 

"Corrupt  Practice  Act" 1565b 

Campaign  committee  to  file  statement  1565b-5 

Campaign  contributions — attorneys  of  corporations  of  part  of 

fees 1565b-l 

attorneys  offending  disbarred  15G5b-l 

corporations    1565b-l 

for  legitimate  expenses  permissible  1565b-13 

officers  and  agents  of  corporations  1565b-l 

loan  by  corporation  to  candidate  1565b-l 

Candidate   forbidden  to   contract   to   vote   particular   way   if 

elected    1565b-3 

Certificate  of  nomination — withheld  when  1565b-7 

Circuit  judge — maximum  expense  for  campaign  1565b-15 

Coercion  of  employe  to  vote  in  certain  manner 1565b-2 

Commonwealth's     attorneys — maximum     expense     for     cam- 
paign     1565b-15 

County  officers — maximum  expense  for  campaign 1565b-16 

Employe  coerced  to  vote  in  certain  manner  1565b-2 

Expenditures  of  candidates — grand  jury  may  investigate....l565b-20 

powers  of  grand  jury  to  produce  documents 1565b-20 

provisions  for  1565b-3 

statement  of  1565b-4 

General  Assembly — members  of — maximum  expense  for  cam- 
paign   ....1565b-17 

Governor — maximum  expense  for  campaign  1565b-13 

Officers  not  specified — maximum  expense  for  campaign....!565b-18 

Penalty  for  exceeding  limit  of  campaign  expenditures 1565b-19 

Railroad  commissioners — maximum  expense  for  campaign.. 1565b-14 
Statement  of  expenditures  and  contributions — after  election  to 

be  filed  1565b-6 

before   election,  to  be  filed  1565b-4 

failure  to  file — nomination  withheld  , 15G5b-7 

form    of    1565b-4 

General  Assembly — law  applicable  to   1565b-12 

nomination  or  election  void  when  law  violated 1565b-ll 

nominee  may  not  qualify  until  filed  1565b-9 

officer  to  receive  no  pay  until  1565b-9 

penalty  for  failure  to  file  1565b-8 

public  record  ~ 1565b-10 

to  be  filed  by  whom  1565b-4,  1565b-5 

to  show  what  1565b-6 

Witness  as  to  campaign  expenses,  privileges  of 1565b-20 

County  clerk — duties  concerning  1465 

County    commissioners    1847 


146  KENTUCKY  ELECTION  LAWS. 

ELECTIONS— Continued- 
District  offices — duties  of  election  commissioners 1596a-8a 

District    sanatorium   for   tuberculosis 2061a-2-2061a-5 

Election  commissioners — tabulation   by  1596a-8a 

Health  departments — See  Health. 

Nominations — provisions  concerning 1456,  1457 

Offenses— jurisdiction  of  courts   1520a-14 

Paraphernalia  for — who  to  furnish  1465 

Penalties — absent  voter — false  registration  1520a-ll 

Jurisdiction   of    courts    1520a-14 

officers  failing  to  perform  duties  1520a-12 

Petition — filing  and   preservaton  of  1456 

Public  measures — how  voted  for 1459 

(Referendum — classifying    property   for   taxation    4019b-l 

illegal  voting — punishment  4019b-6 

manner  of  voting  4019b-4 

results  of  to  be  published  4019b-6 

Registration — absent  voters  1520a-2,  1520a-ll 

special — false  swearing  in — concerning  1496a-4 

no  fee  to  be  charged  for 1496a-2 

soldiers  and  sailors  entitled  to  1496a-3 

who  included   1496a-l 

Road  tax 4307b-l 

School  officers  and  questions — See  schools. 
Special  registration — see  Registration,  supra. 

Tabulation  by  commissioners   1596a-8a 

voters — interfering  with — penalty  1520a-13 


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